claim a right to lead
evidence for rebutting the same. Such a procedure is unknown to law.
Learned counsel for the petitioner has referred ... accused to give his thumb impressions in exercise
of power under Section 311A Cr.P.C.
There can be no quarrel with the proposition that
specifically mentioned in Section 311A, the
reasonable interpretation should be that the expression
'proceeding under this Code 'Code' includes in and trial ... trial are proceedings under the Code.
Therefore, the argument advanced by the learned counsel for the
petitioner that Section 311A has no application
further
argued by the learned counsel for the respondent/CBI that Section 311A
Cr.P.C. is an enabling provision for an Investigating Officer
before him, for purpose (supra).
3. Be that as it may, Section 311A Cr.P.C., provisions whereof
become extracted hereinafter, does empower the Judicial ... proviso occurring underneath, the
substantive provisions as, carried in Section 311 Cr.P.C. rather regulates,
and, governs the prior thereto substantive provision existing
petitioner, I find no merit
in the present petition.
7. Section 311A Cr.P.C. empowers a Magistrate to order a person
to give specimen ... investigation or proceeding."
8. A bare perusal of proviso to Section 311A Cr.P.C. would
reveal that the order to give specimen signature
complainant.
RAMENDRA JAIN, J. (ORAL)
Prayer in the instant petition under Section 438 Cr.P.C. has
been made for grant of anticipatory bail ... delay, in case, State moves application
under Section 311A of the Code of Criminal Procedure to this effect.
Disposed of accordingly.
(RAMENDRA JAIN)
October
dated 12.09.2018
registered under Sections 302 / 34 IPC (to which Section 216 IPC and
Section 3(2) (v) of Scheduled Caste and Scheduled Tribe (Prevention ... above decisions, while
dealing with an application under Section 311 Criminal Procedure
Code read along with Section 138 of the Evidence Act, we feel
counsel for the petitioners and perused the records.
Section 311 of the Code of Criminal Procedure (for brevity, 'the
Code') empowers the trial ... stretch
falls within the scope and ambit of section 311 of the Code. However,
Section 311A of the Code empowers a Magistrate to direct
