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Handwriting analysis sample

(Querist) 21 June 2013 This query is : Resolved 
An FIR for fraud and forgery was registered against the agent for issuing false/fake insurance document under his own handwriting and signatures. Police have taken the insurance document from me. Then they called the agent and produced him in court. Agent refused that he has not issued the insurance and the handwriting and signature are not his. The police told that they have taken his samples of handwriting and they shall sent to to forensic laboratory for test. Can police on some protest save the agent by providing someone else samples since the samples were not taken under the supervision of magistrate/court. Please advice.
Advocate M.Bhadra (Expert) 21 June 2013
Here in the present case, the decision of the learned Judicial Magistrate, rests on evidence of Handwriting Expert who may be examined an admitted original natural document bearing the signature of the present accused.Also investigating Officer separately in the presence of other witnesses.

Moreover in this case the evidence of disputed documents were written by accused. In such type of situation, the photographs are very much necessary for examination by the Court also. Had the prosecution produced the photographs taken by Handwriting expert, certainly, the lower court may examined those photographs u/s. 73 of the Indian
Evidence Act to come to a proper conclusion about the disputed documents.

ref.judgement:Gujarat High Court
State Of Gujarat vs Shah Sanjaykumar K. on 25 February, 2000
Bench: H Mehta
Sudhir Kumar, Advocate (Expert) 21 June 2013
samples are taken in presence of witness
Rajendra K Goyal (Expert) 22 June 2013
Agreed with the views of experts.Nothing more to add.
prabhakar singh (Expert) 22 June 2013
Possibility of apprehension is also genuine
as the system we have is too rough.
Raj Kumar Makkad (Expert) 23 June 2013
Bhadra has successfully and perfectly attended your query as was desired.


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