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.