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1955 Supreme(Cal) 150

DEBABRATA MOOKHERJEE
HIRALAL AGARWALLA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
AJIT KUMAR DUTT, NIRMAL KUMAR SADHU, SAMARENDRA NATH MUKHERJI

DEBABRATA MOOKERJEE, J.

( 1 ) THE petitioner in this case is being proceeded against under Chapter XVIII of the Code of Criminal Procedure. A Chalan was submitted against him by the police under Section 6. 120b/379, 466/34 of the Indian Penal Code whereafter the learned Chief Presidency Magistrate commenced an enquiry preliminary to commits merit to the Court. In the course of the enquiry several witnesses have been examined by the prosecution in support of the charges mentioned in the chalan.

( 2 ) ON the 11th of March, 1955 the Public Prosecutor prayed to the court that the petitioner be directed to give his specimen handwriting in court for comparison with the petitioner's disputed writings and for sending the same to the Handwriting Expert attached to the Criminal Investigation Department, Government of West Bengal. As soon as that was proposed to be done objection was taken on behalf of the petitioner to the procedure of compelling the accused person to furnish evidence against himself. The learned Magistrate however overruled that objection, holding that the court was entitled to compare the handwriting of the accused taken in his presence with the disputed writings. Therea





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