IN THE COURT OF III ADDITIONAL DISTRICT & SESSIONS JUDGE-CUM SPECIAL JUDGE FOR SPE & ACB CASES, VISAKHAPATNAM

Present: Sri U. U. Prasad

III Addl. District & Sessions Judge-cum-Special Judge for SPE & ACB Cases, Visakhapatnam Wednesday, this the 7th day of May, 2025.

Crl. M. P. 403/ 2025 in Cr. No. 6/RCT-VSP/2013

Between: The State represented by Special Public Prosecutor, Anti Corruption Bureau, Visakhapatnam.

…. Petitioner/Complainant

AND: Sri. Jami Ramu S/o late Appalanaidu, 58 Years, Village RevenueOfficer, Adivivaram Village, O/o Tahsildhar, Visakhapatnam Rural, R/o D. No. 26-8-24, Velampeta, Near Poorna Market, Visakhapatnam District.

####. . . Respondent/Accused Officer. This petition came before me on 05. 05. 2025 this day for final hearing in the presence of the learned Special Public Prosecutor for Petitioner/Complainant aND of Sri. N. V. V. Prasad, Advocate for Respondent/AO; aND having considered the matter till this day, this Court made the following:

O R D E R

1. The Inspector of Police, ACB, Visakhapatnam filed petition U/s. 349 of BSA for directing the Accused Officer to be appear before the Hon'ble Court for obtaining haND writing aND for sending admitted signatures with disputed to the forensic examination for the expert opinion with the following averments: The prosecution submitted that the A. O/Jami Ramu, who is working as Village Revenue Officer in the O/o Tahsildar, Visakhapatnam Rural, Adivivaram Village was trapped as an undue advantage to cause performance of public duty improperly or dishonestly for doing official favour i. e. , for ensuring deletion of Complainant's property situated in S. No. 56/1A of Butchirajupalem Village, Gopalapatnam Mandal, Visakhapatnam from the prohibited properties (22-A) list. During course of post trap proceedings, the DSP seized copy of Endorsement of Tahsildar, Gopalapatnam vide L. Dis. No. 953/2022/A/Dt. 27. 10. 2022 containing one sheet on which the Accused Officer signed for receipt of the endorsement. During the investigation, the Tahsildar, Visakhapatnam Rural furnished admitted signatures of the AO vide R. C. . No. 741/2023/JA, dated 04. 12. 2023. The same questioned aND admitted signatures are sent to the APFSL for comparison through the Hon'ble Court of the III Addl. District Judge Cum Special Judge for ACB& SPE Cases, Visakhapatnamvide Dis No. 39/03-02-2025, but the APFSL returned the same with remarks that "standards are not sufficient to form a definite opinion. Please retransmit the case property along with some more contemporary admitted signatures of Accused Officer". Further the prosecution submits that the letters to the Tahsildars- Visakhapatnam Rural aND Pendurthi where the Accused

Officer earlier worked. Both the officers are replied that there are no records fouND in the office to admit the signatures of Sri Jami Ramu (AO). Therefore, based on the exigencies of the case aND to elicit the truth in accordance with law, it is submitted that securing the specimen handwriting of the Accused is essential for the above said reasons. In view of the aforesaid facts aND circumstances, the Hon'ble Court may be pleased to pass the orders directing the Accused to appear before this Hon'ble court for obtaining haND writing aND for sending admitted signature with disputed to the forensic examination for the expert opinion, pass such other Order or Orders in the circumstances of the case in the interest of justice.

2. The counsel for the Respondent filed counter opposing the petition aND pleaded that the petition is not maintainable under law aND cannot be compelled to give specimen haND writings of the Accused Officer. Hence, prayed to dismiss the petition.
3. Now the point for determination is Whether the prayer of the prosecution for directing the Accused Officer to appear before the Hon'ble court for obtaining haND writing aND for sending admitted signature with disputed to the forensic examination for the expert opinion is tenable or not?

POINT:

4. As per the contents of the petition, Accused Officer was arrested aND enlarged on bail.

Section. 349 says that

*If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Sanhita, it is expedient to direct any person, including an Accused person, to give specimen signatures or finger impressions or handwriting or voice sample, 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 finger impressions or handwriting or voice sample: * *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: * *Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to give such specimen or sample without him being arrested. * Considering the request of Investigating Officer that the haND writing of the Accused is required for comparison to seND the same to expert, petition is allowed directing the Accused Officer to be present in person before this court on 28. 05. 2025 without fail aND give his specimen signatures/haND writings for comparison. According this petition is allowed.

7. In the result, the petition is allowed, directing the Accused to be present in person before this court on 28. 05. 2025 without fail aND give their specimen signatures/haND writings for comparison. *Dictated to the Stenographer Grade-I, transcribed by him, corrected aND pronounced by me in open court on this the 7th day of May, 2025. *

S/d U. U. Prasad III Addl. District & Sessions Judge-cum-Special Judge for SPE & ACB Cases, Visakhapatnam.

PS: Copyright: eCourtsIndia.com. AI-enhanced; accuracy may vary.

References: Case Number - CRL.MP/403/2025 | Case Type - CRL.MP | CNR Number - APVS000037902025 | Complex Name - Pdj Court Visakhapatnam | Court Name - 4-sri U.U.PRASAD-III ADDL. District AND SESSIONS JUDGE-CUM-ACB | Filing Date - 24-04-2025 | Judge Name - 4-Iii Addl. District And Sessions Judge-Cum-Acb | List Date - 2025-06-05 | Order Date - 2025-05-07 | Order Number - 1 | Petitioner Parties - Inspector Of Police, Acb, Visakhapatnam | Respondent Parties - Jami Ramu | Status - Crl.Mp