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1965 Supreme(All) 472

SATISH CHANDRA
Badri Narain Misra – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
D.S. Tewari, Advocate, for the Petitioner; N.C. Upadhya, Advocate, for the Opposite party

JUDGMENT

Satish Chandra, J. - This is an application under Section 561-A, Cr. P. C. It prays that the Magistrate be directed not to shave the applicant's beard and hair against his will.

2. The applicant has been charge-sheeted under Section 302, I. P. C. in connection with the murder of one Shri Nath, a retired District Judge which is alleged to have been committed on 27-4-1962. On 8-3-65 the Additional District Magistrate (Judicial), Allahabad directed that the identification proceedings may take place at Deoria Jail where the petitioner is lodged at present. Consequently the identification proceedings are being conducted by the Judicial Magistrate Salempur, district Deoria.

3. On 5-4-65 the police authorities made an application to this Magistrate stating that at the time of the commission of the murder the accused is stated to have been clean shaven. Now he has deliberately grown a beard. The beard will be a great obstacle to the identifying witnesses because they had seen him before and soon after the murder, without a beard. It was prayed that in the interest of justice, the accused be directed to shave his beard.

4. On 19-4-65 the accused filed an objection before the learned

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