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february 1980

Supreme Court of India · 1980-02-19

STATE OF U.P. vs RAM BABU MISRA

Citation / case number
SC 1979/62752
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
RAM BABU MISRA
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that Section 73 of the Evidence Act, 1872 does not permit a Magistrate to direct an accused to provide specimen writings while a case is still under investigation. The Court clarified that such directions can only be issued in the context of an ongoing proceeding before the Court. The judgment distinguished previous cases and overruled others, suggesting the need for legislative changes to empower Magistrates in this regard.

STATE OF U.P. vs RAM BABU MISRA · Niyam