Handwriting analysis test
B Singh
(Querist) 03 April 2013
This query is : Resolved
An FIR u/s 420 & 120-B is lodged. IO is not taking any action against the accused nor taking his handwriting analysis test. Although I have requested the higher authority of police department and they have also directed the IO to complete the investigation as soon as possible. But inspite of this the IO is taking his own time. My query is that will it be feasible to again approach the higher authority and request for handwriting analysis test be examined of the accused. Although more than 2 years have passed since the FIR is lodged. Kindly advice if higher authority can direct the IO to go for handwriting test of the accused.
Devajyoti Barman
(Expert) 03 April 2013
aPPLY BEFORE THE magistrate for status report on investigation.
During submission of status report you may apply for handwriting test.
R.K Nanda
(Expert) 03 April 2013
pray to court for HWT.
Raj Kumar Makkad
(Expert) 03 April 2013
You can move an application before the area magistrate to direct the IO to submit the status report before it as earliest as possible. The direction of the court shall surely make a pressure upon IO and he shall conclude his investigation accordingly.
Sudhir Kumar, Advocate
(Expert) 04 April 2013
Your application as advised above is likely to befutile.
The accused can take shelter of Art 20 and refuse handwriting sample even in court.
If the IO is in connivance he would have advised the accused long back.
If the IO is in connivance he will not seize already existing samples (Admitted handwriting) from other sources. I compelled by the court to raid he will ensure disappearance of evidence before he raids.
You have to move for change of IO or forget the case.
Raj Kumar Makkad
(Expert) 04 April 2013
You can move an application under section 173 (8) of criminal procedure code before the trial magistrate to change the IO if you anticipate the situation told by Sudhir.
