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2012 Supreme(Del) 1494

S.P.GARG, PRADEEP NANDRAJOG
SAPAN HALDAR – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Mr. Y.S. Chauhan, Advocate with Mr. Madhav Singh, Advocate.
Mr. Pawan Sharma, Standing Counsel (Criminal) with Mr. Harsh Prabhakar, Advocate and Mr. Sahil Mongia, Advocate.

Judgment

PRADEEP NANDRAJOG, J.

1. On the subject of admissibility of sample handwriting or signature obtained from a person accused of having committed an offence or during investigation of a crime by the Investigating Officer, the matter has been referred to a larger Bench vide order dated August 11, 2011 since the Division Bench noted a divergence of opinion on the subject by various Division Benches of this Court.

2. Deciding a reference made to it, vide opinion dated September 30, 2011 in Crl. Appeal No.1005/2008 Bhupinder Singh v. State, on the question :-

Whether the sample finger prints given by the accused during investigation under Section 4 of the Identification of Prisoners Act 1920 without prior permission of the Magistrate, under Section 5 of the Act will be admissible or not?, a Full Bench of this Court overruled the view taken by Division Benches holding against the admissibility of such evidence and affirmed the view taken by Division Benches holding in favour of admissibility of such evidence but proceeded to decide the reference, as would be evident from a reading of paragraph 18 of the opinion dated September 30, 2011, as if the question referred to the Full Bench











































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