The petitioner challenged a summons issued for obtaining specimen signature and thumb impression for comparison under Section 311-A CrPC. The court found no illegality in the summons and dismissed the Criminal Original Petition.
The Criminal Original Petition to quash the summons was dismissed and the connected miscellaneous petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2018
CORAM:
THE HON'BLE MR.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.30212 of 2018 and
Crl.M.P.No.17751 of 2018
Ramachandran ... Petitioner
vs.
The State of Tamilnadu, Rep by Inspector of Police, Vikravandi Police Station, Villupuram District.
(Cr.No.390 of 2018) ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the summons dated 25.10.2018 issued to the petitioner by the learned Judicial Magistrate No.2, Villupuram in Cr.No.390 of 2013, quash the same.
For Petitioner : Mr.M.Devaraj
For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor O R D E R
This petition has been filed challenging the summon issued by the learned Judicial Magistrate, No.II, Villupuram calling upon the petitioner for thumb impression and the sample signature for the purpose of sending it for comparison.
Sd/-
Assistant Registrar(CS-VI)
//True Copy//
Sub Assistant Registrar
dss
To
1. The Judicial Magistrate No.2,
Villupuram.
2. The Inspector of Police,
Vikravandi Police Station,
Villupuram District.
3. The Public Prosecutor,
Madras High Court, Chennai.
Crl.O.P.No.30212 of 2018
MP(CO)
SSM(24/01/2019)
2 issues framed by the court
Whether a summons issued for obtaining specimen signature and thumb impression for comparison is legal under Section 311-A CrPC
Whether the Magistrate satisfied the necessity requirement before issuing the summons
2 provisions across 1 enactments
Ramachandran
The State of Tamilnadu, Rep by Inspector of Police, Vikravandi Police Station, Villupuram District.
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
