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SUBODH ABHYANKAR
Akil Ahmed Ansari – Appellant
Versus
State of M. P. – Respondent
| Table of Content |
|---|
| 1. outline of the case and charges against the petitioner. (Para 1 , 2) |
| 2. arguments on self-incrimination and application for specimen signatures. (Para 3 , 4) |
| 3. analysis of the application for specimen signatures and legal precedents. (Para 6 , 7 , 8 , 9 , 10) |
| 4. conclusion on the legality of obtaining specimen signatures. (Para 11) |
| 5. final dismissal of the petition. (Para 12) |
ORDER
1. This petition has been filed by the petitioner under section 482 of Cr.P.C. against the order dated 25.6.2024, passed by XXII Additional Sessions Judge, Indore in ST No.04/2021 whereby the application filed the Investigating Officer for obtaining the specimen signature of the petitioner in the manner in which it is signed in the questioned documents (in the name of complainant Masrur Ahmed Khan) has been allowed.
2. In brief, the facts of the case are that the petitioner is facing the aforesaid trial under section 420, 467, 468, 471 and 120B of IPC registered at Crime No.525/2019 in which, it is alleged that the petitioner opened an account in the name of one Masrur Ahmed Khan, and obtained a sum of Rs.1,78,65,560/- in the aforesaid account by selling the property lying in the name of th
Obtaining specimen signatures for forensic comparison does not infringe upon an accused's fundamental right against self-incrimination when conducted per procedural requirements.
A specimen handwriting or signature or finger impressions by themselves are no testimony at all being wholly innocuous because they are unchangeable except in rare cases where the ridges of the finge....
The court affirmed that specimen signatures can be obtained for investigation purposes without arresting the accused, ensuring compliance with procedural rights.
Cooperation with criminal investigations under Section 91 Cr.P.C. does not necessitate prior arrest and the issuance of notices for signature samples is valid, preserving investigative authority.
Power to collect voice samples from accused persons can be conferred on magistrates through judicial interpretation and exercise of Supreme Court's jurisdiction under Article 142 of Constitution of I....
The court upheld the authority to compel handwriting samples from an accused under the Criminal Procedure (Identification) Act, provided there's an earlier submission to the court's jurisdiction.
At CrPC Section 227 discharge stage, prima facie case assessed sans detailed evidence scrutiny; submitted photocopies qualify as primary evidence; investigating officers may obtain voluntary specimen....
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