trial are proceedings under the
Code. Therefore, the argument advanced by
the learned counsel for the petitioner that
Section 311A has no application ... learned Magistrate that the application under Section 311A
Crl.M.C No.3427 of 2013 11
Cr.P.C cannot be entertained at the time
ORDER
2 03-10-2018 This application under Section 482 of the Code of
Criminal Procedure has been filed by the petitioner for restoration ... Misc. No.44170 of 2017
This application under Section 482 of the Code of
Criminal Procedure (for short 'the
DELHI AT NEW DELHI
+ W.P.(CRL) 317/2023, CRL.M.A. 2928/2023 & CRL.M.A.
2929/2023.
RAVINDER SINGH GANDOAK ..... Petitioner
Through ... petitioner
and two children. It is submitted that under proviso of Section 311A
Cr.P.C., these cannot be allowed for the reason that
Magistrate for specimen handwriting and signatures as Section 311A
Cr.P.C. was made effective from 23.06.2006. Therefore, it is clear that ... Sukhram vs. State
of Himachal Pradesh in Crl. Appeal No. 224/2012 dated 25.07.2016
that Section 311A Cr.P.C. is prospective in nature
taking their
specimen signatures in terms of Section 311A of the Criminal
Procedure Code, 1973.
2
Learned advocate appearing for the petitioners
submits that ... deemed to be taken in compliance of Section 311A of the
Criminal Procedure Code, 1973.
State and the de facto complainant are represented.
Learned advocate
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
Indian Penal Code whereby a petition under Section 311A of the
Code of Criminal Procedure filed on behalf of the prosecution was allowed.
Learned counsel ... petitioner submits that the application under Section 311A
Cr.P.C. has been filed after a long lapse of six years to fill
Identification of Prisoners Act,
1920 and Section 311A Code of Criminal Procedure. After considering
the relevant case law, Hon`ble Court arrived at following conclusion ... notified, inter-alia, inserting Section
311A in the Code of Criminal Procedure , 1973,
even a Magistrate could not direct a person
accused to give specimen
investigation chargeseet under 120B r/w Section
420 / 468 / 471 IPC and Section 13(2) r/w Section 13(1)(b) of PC Act filed ... accused were summoned and were admitted to bail. After
compliance of Section 207 Cr.P.C. charge under Section120B read with
Section
Statement of accused was recorded under Section 313
Criminal Procedure Code, 1973. When the accused was briefed on all the
incriminating evidence and documents ... having committed an offence and prior to June 23, 2006, when section
311A Cr.P.C was inserted, even a Magistrate could not direct
