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Delhi High Court: Not essential to arrest person who voluntarily appears before Magistrate for giving specimen signature or handwriting
The Daily Guardian
|December 28, 2024
The court stated that the proviso to Section 311A of the CrPC, being directory in nature, is constitutionally valid as the same does not impose any excessive restriction on the fundamental rights under Article 14, Article 19, Article 20, Article 21 and Article 22 enshrined in Part III of the Constitution of India.
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The Delhi High Court in the case Court On Its Own Motion Versus State observed and has ruled that it being not essential to arrest a person who voluntarily appears before the Court or Magistrate, pursuant to the application filed by the Investigating Officer, for giving specimen signature or handwriting.
The Division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma was hearing the present matter.
The court in the case upheld the constitutional validity of proviso to Section 311A of CrPC.
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