State Of U.P vs Ram Babu Misra on 19 February, 1980
In this regard, it may
also be usefully noticed that though this Court in State of
Uttar Pradesh vs. Ram Babu Misra5 after holding that a
Judicial Magistrate has no power to direct an accused to give
his specimen writing for the purposes of investigation had
suggested to Parliament that a suitable legislation be made on
the analogy of Section 5 of the Identification of Prisoners Act,
1920 so as to invest a Magistrate with the power to issue
directions to any person including an accused person to give
specimen signatures and writings. The consequential
amendment, instead, came by way of insertion of Section 311-
A in the Cr.P.C by the Code of Criminal Procedure
5
A.I.R. 1980 S.C. 791
12
(Amendment) Act, 2005 (Act No.25 of 2005) with effect from
23rd June, 2006.