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1954 Supreme(Mad) 428

SOMASUNDARAM
Rajamuthukoil Pillai – Appellant
Versus
Periyassami Nadar alias Vedamanicka Nadar. – Respondent


Advocates:
V.P. Gopalan Nambiar for the Petitioners.
K.Venkateswaran for the Respondent.
The Public Prosecutor (V.T. Rangaswami Aiyangar) on behalf of the State.

Order

This is a revision by the accused against an order passed by the Additional 1st Class Magistrate, Tirunelveli, on a petition filed by the complainant in C.C.No.25 of 1954, on his file, asking the Court to issue a process to the accused to produce a certain document and also to direct him to give his thumb-impression in Court so that it may be compared with pertain other documents on which the complainant relied. So far as the issue of the process for the production of the document was concerned, the accused had no objection to it and it had been ordered. So far as the prayer for directing the accused to give his thumb-impression was concerned, the accused objected to it, but the lower Court relied on section 73 of the Evidence Act and directed him to give his thumb-impression. It is this portion of the Lower Court’s order that is being impugned by the accused in this petition.

The learned counsel for the petitioner relied on the decision of the Supreme Court in Sharma v. Satish Chandra1 and another decision in Crl.R.C.No.677 of 1954 on the file of this Court in support of his contention. In the Supreme Court decision, in considering Article 20, clause (3), their Lordships have




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