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Judgment
Adarsh Kumar Goel, J.—This petition challenges an order of the trial Magistrate directing sending of certain documents carrying specimen signature of late Shri B.L. Batra to the Director, FSL, New Delhi for comparison.
Learned counsel for the petitioner submitted that the impugned order was without jurisdiction and ultra vires of Section 73 of the Evidence Act. Reliance is placed on decisions of the Apex Court in State of West Bengal Vs. S.N. Basak, and State of Uttar Pradesh Vs. Ram Babu Misra, .
Counsel for the respondent supported the order of the Court below and submitted that Section 73 of the Evidence Act was applicable in view of the decision of the Apex Court in Sukhvinder Singh and others v. State of Punjab 1994 S.C.C. 1376.
After hearing counsel for the parties, I find no merit in this petition. The decision relied on by counsel for the parties relate to stage at which the Court can require a person to give signatures or of comparing the signatures. Observations made in the said decisions relate to objection to give signatures when the matter is not pending before the Court and may be instituted in Court subsequently, In the present case, the matter is pending before the Court and any direction to compare signatures by the Court will be within the purview of Section 73 of the Evidence Act.
In view of the above, the petition is dismissed.