Case Note & Summary
The petitioner, Vinod Kumar, was an accused in Crime No.9/2020 registered at Yapaladinni Police Station for offences under Sections 420, 468, 470 and 471 of IPC. He voluntarily surrendered before the III JMFC Court, Raichur on 24.06.2020 and was enlarged on bail. Subsequently, on 27.04.2020, the police filed an application under Section 311A Cr.P.C. seeking a direction to the petitioner to furnish his specimen signature and handwriting for expert opinion. The petitioner opposed the application. The Trial Court allowed the application, and the petitioner's revision petition before the II Additional District and Sessions Judge, Raichur was dismissed on 25.08.2021. Aggrieved, the petitioner filed this petition under Section 482 Cr.P.C. before the High Court. The High Court examined the scope of Section 311A Cr.P.C. and noted that the provision was inserted by Act 25 of 2005 with effect from 23.06.2006 and applies only during the stage of investigation of an offence. Since the charge sheet had already been filed in the case, the application under Section 311A Cr.P.C. was not maintainable. The court held that the order of the Trial Court and the Sessions Judge were without jurisdiction and liable to be quashed. The High Court allowed the petition and quashed the order dated 25.08.2021 passed in Crl.R.P.No.39/2021.
Headnote
A) Criminal Procedure Code - Section 311A Cr.P.C. - Specimen Signature - Application after charge sheet - The court held that Section 311A Cr.P.C. is applicable only during the investigation stage and not after the charge sheet is filed. The application filed by the police after the charge sheet was filed is not maintainable. The order of the Sessions Judge confirming the Trial Court's order was quashed. (Paras 5-8)
B) Criminal Procedure Code - Section 482 Cr.P.C. - Inherent Powers - Quashing of order - The High Court exercised its inherent powers under Section 482 Cr.P.C. to quash the order passed by the Sessions Judge which had affirmed the Trial Court's order directing the accused to furnish specimen signature. The court found that the order was without jurisdiction as the application under Section 311A Cr.P.C. was filed after the charge sheet. (Paras 1, 8)
Issue of Consideration
Whether an application under Section 311A of Cr.P.C. seeking direction to furnish specimen signature and handwriting can be maintained after the filing of the charge sheet?
Final Decision
The petition is allowed. The order dated 25.08.2021 passed in Crl.R.P.No.39/2021 by the II Additional District and Sessions Judge, Raichur is quashed.
Law Points
- Section 311A Cr.P.C. applies only during investigation
- not after charge sheet
- Application for specimen signature after charge sheet is not maintainable
- Order directing furnishing of specimen signature without jurisdiction
Case Details
2021 LawText (KAR) (12) 11
Criminal Petition No.201543/2021
Sri Arunkumar Amargundappa (for petitioner), Sri Gururaj V. Hasilkar (HCGP for respondent)
Sri Vinod Kumar S/o Thimmappa
The State through Yapaladinni Police Station
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of order directing furnishing of specimen signature and handwriting.
Remedy Sought
Petitioner/accused sought quashing of order dated 25.08.2021 passed in Crl.R.P.No.39/2021 by II Additional District and Sessions Judge, Raichur, which confirmed the Trial Court's order allowing application under Section 311A Cr.P.C.
Filing Reason
The police filed an application under Section 311A Cr.P.C. after the charge sheet was filed, seeking direction to the accused to furnish specimen signature and handwriting for expert opinion. The accused opposed the application, but the Trial Court allowed it, and the Sessions Judge dismissed the revision.
Previous Decisions
Trial Court allowed the application under Section 311A Cr.P.C. on a date not specified; the II Additional District and Sessions Judge, Raichur dismissed the revision petition (Crl.R.P.No.39/2021) on 25.08.2021.
Issues
Whether an application under Section 311A Cr.P.C. is maintainable after the filing of the charge sheet?
Whether the order directing the accused to furnish specimen signature and handwriting is without jurisdiction?
Submissions/Arguments
Petitioner argued that Section 311A Cr.P.C. applies only during investigation and not after charge sheet.
Respondent-State argued in support of the order.
Ratio Decidendi
Section 311A Cr.P.C. is applicable only during the stage of investigation of an offence and not after the filing of the charge sheet. An application under Section 311A Cr.P.C. filed after the charge sheet is not maintainable, and any order passed thereon is without jurisdiction.
Judgment Excerpts
Section 311A of Cr.P.C. is applicable only during the stage of investigation of an offence and not after filing of the charge sheet.
The application under Section 311A of Cr.P.C. having been filed after the charge sheet, the same is not maintainable.
Procedural History
FIR registered as Cr.No.9/2020 for offences under Sections 420, 468, 470, 471 IPC. Accused voluntarily surrendered on 24.06.2020 and enlarged on bail. On 27.04.2020, police filed application under Section 311A Cr.P.C. for specimen signature. Trial Court allowed application. Accused filed revision (Crl.R.P.No.39/2021) which was dismissed on 25.08.2021 by II Additional District and Sessions Judge, Raichur. Accused then filed this petition under Section 482 Cr.P.C. before High Court.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 311A, 437, 482
- Indian Penal Code, 1860 (IPC): 420, 468, 470, 471
