HON’BLE MS. JUSTICE G.ROHINI CRL.P.NO.35 OF 2010 Dt.6.1.2010 Between: Siddamurthy Mallikharjuna Reddy .. Peitioner/A2 And The State of A.P., rep. by Public Prosecutor, High Court of A.P. Hyderabad. .. Respondent HON’BLE MS. JUSTICE G.ROHINI CRL.P.NO.35 OF 2010 ORDER: This petition is filed under Section 482 of the Code of Criminal Procedure to quash the order dated 7.12.2009 passed by the Court of Judicial Magistrate of First Class, Udayagiri, wherein the petitioner-accused No.2 in Cr.No.24 of 2008, Udayagiri P.S., was directed to give specimen signatures and handwritings to the police on 26.12.2009. I have heard the learned counsel for the petitioner and perused the material on record. The petitioner is the A-2 in Cr.No.24 of 2008 on the file of Udayagiri P.S. The allegation is that A-1 got admission in an Engineering College by producing false educational certificates allegedly issued by the Principal of Sri Vengamamba Junior College, Pamur. During the course of the investigation, the Principal of the Junior College and one Yeleru Subba Rao were examined as L.Ws.2 and 3 respectively and they stated that A-2 (petitioner herein) who worked as a Clerk and Lecturer of the Junior College had issued the certificates by forging the signatures of L.W.2. Some of the handwritings of A-2 were also produced by them and the same were seized by the Police in the presence of the mediators. It is also the case of the prosecution that on 19.9.2009 the A-2 was arrested and his confession statement was recorded apart from seizing the hand-writings of the A-2 in A.P.J.Abdul Kalam Junior College. In the circumstances, the Sub Inspector of Police, Udayagiri P.S. filed a memo before the Court below seeking permission to take specimen signatures and handwriting of A-2 so as to enable the police to send the same for examination and comparison with the alleged fake certificates which were already seized. Having received a notice of the said memo, A-2 filed his objections. After hearing the parties, the Court below, by order dated 7.12.2009, directed A-2 (petitioner herein) to give his specimen signatures and hand-writings to the Police. The said order is sought to be quashed in this criminal petition filed under Section 482 of Cr.P.C. The learned counsel for the petitioner vehemently contended that the petitioner who had previously worked as a Lecturer for sometime in Sri Vengamamba Junior College, Pamur had never issued any certificates on behalf of the College and the entire case was foisted against him by the Principal and Management of the College. It is also contended that sending the specimen signatures of the petitioner alone does not serve the purpose and even assuming that the certificates in question were false/fake, the Court below ought to have sent the specimen signatures of the Principal also for comparison. I do not find substance in any of the contentions raised by the learned counsel for the petitioner since it is not necessary for the Court at this stage to go into the correctness of the prosecution case. Section 311-A of Cr.P.C. empowers a Judicial Magistrate of First Class to direct the accused to give specimen signatures or handwriting if the Magistrate is satisfied that the same is necessary for the purpose of investigation. As per the proviso, the only restriction imposed is that such an order shall not be made unless the person has been arrested at sometime in connection with such investigation. Since admittedly the petitioner herein was arrested by the police and later on he was released on bail, the Court below, having assigned cogent reasons, and having recorded the satisfaction that the specimen signatures of the petitioner/ A-2 is necessary for the purpose of investigation, passed the order under challenge. The said order cannot be held to be erroneous or illegal on any ground whatsoever. Hence, the criminal petition is dismissed. ______________ 6.1.2010 kpr/gurc