THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 687 of 2010 ORDER: This criminal petition is filed by the petitioner to set aside the order dated 24.09.2009 in Crl.M.P.No.700 of 2009 in Cr.No.5 of 2007 passed by the Judicial Magistrate of First Class, Sompeta whereby the petitioner/accused was directed to give his specimen signatures and also handwriting in the name of G.Rangarao. Learned counsel for the petitioner submitted that as per the provisions of Section 311 (A) Cr.P.C., the Court can compel the accused person to give his specimen signatures and handwriting, but the Court cannot compel the accused person to give the specimen signatures of another person. Learned counsel further submitted that the order passed by the lower Court is erroneous in law as the Court has no power to pass such order. Section 311 (A) reads as follows: “Power of Magistrate to order person to give specimen signatures or handwriting.- If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting. Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.” Perused the order of the court below and heard the arguments. It is the case of the prosecution that the petitioner has forged the signatures of Rangarao, so, it is necessary for the Investigating Agency to ascertain whether the said handwriting and signatures in the name of Rangarao are that of the petitioner herein. The purpose for asking the signatures is only to compare the features of the letters that are written by the petitioner herein. The learned trial Judge passed the order impugned in this criminal petition directing the petitioner to sign as “G.Rangarao” for comparison by the Authorities of F.S.L. with the forged signature. This Court is of the view that when the petitioner expresses that he cannot be compelled to give specimen signature of other person, it is appropriate to order the petitioner to write a paragraph in English on the basis of any Newspaper or some dictation, whereby the Authorities of F.S.L. can compare the features of the letters that may be written by the petitioner with the letters of the forged signature. Accordingly, the Criminal Petition is disposed of with a direction to the petitioner to write a paragraph in English on the basis of any Newspaper or some dictation, so as to enable the Authorities of F.S.L. to compare the features of the letters that may be written by the petitioner, with the letters of the forged signature. RAJA ELANGO, J Dt.13.09.2011 lvl THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.687 of 2010 Dt. 13.09.2011