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2019 Supreme(All) 1494

J.J.MUNIR
Vinod Kumar Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant : Manish Tiwary, Ashwini Kumar Awasthi

ORDER :

J.J. Munir, J.

1. Whether the Magistrate can issue directions under Section 311-A Cr.P.C. to a person pending investigation of a crime to give a specimen of his signature or handwriting, if at no time he has been arrested in connection with the said crime?

2. This is the question that falls to be answered in the present petition under Article 227 of the Constitution, that is filed seeking to set aside the order dated 21.03.2018 passed by the Special Chief Judicial Magistrate, Varanasi in Case Crime no.837 of 2013, under Sections 419, 420, 467, 468, 504, 506 IPC, Police Station Rohaniya, District Varanasi, and, for reversal of the said order in effect.

3. Before adverting to the question that is required to be answered in the present case, this Court is constrained to look into the relief claimed in the present petition, that is framed as a Criminal Misc. Writ Petition, but under Article 227 of the Constitution. Without dilating much on this issue, this Court is of considered opinion that a Writ Petition under Article 227 of the Constitution, is something unknown to the Constitution of India. A Writ Petition is referable to the power of this Court under Article 226 of the Consti

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