ROHIT MANDHOK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing of the order dated 17.08.2019 passed by the trial Court in FIR No.234 dated 15.11.2016 under Sections 307/506 of the Indian Penal Code (for short 'IPC') and Sections 25/54/59 of Arms Act, 1959, registered at Police Station Dera Bassi, District SAS Nagar (Mohali), vide which application under Section 311 of the Code of Criminal Procedure (for short 'Cr.P.C.') filed by the prosecution, was allowed.

(2.) Brief facts of the case are that the aforesaid FIR was registered on the statement of Reena Sharma wife of petitioner Rohit Mandhok with the allegations that their marriage was solemnized about one and half years ago and the petitioner started putting pressure on her to take divorce. It is further stated in the FIR that on 14.11.2016, when both of them were travelling in a car, the petitioner took out his pistol and fired upon the complainant and the bullet struck on the left side of her stomach. Thereafter, the petitioner was arrested and released on regular bail and is facing the trial. Challan stands presented and the charges were framed on 03.06.2017 under Sections 307/506 IPC read with Sections 25/54/59 of Arms Act.

(3.) When the challan was presented, the prosecution had not taken any permission from the Court for obtaining the sanction under Section 39 of the Arms Act from the District Magistrate, at a later stage and after about two years, when the Investigating Officer/ASI Paramjit Singh appeared in the Court for recording his statement, a copy of the sanction order was handed over to counsel for the petitioner and an objection was raised in this regard. Thereafter, the prosecution moved an application under Section 311 Cr.P.C. for summoning a Clerk from the office of District Magistrate, SAS Nagar (Mohali). In the application, it is stated that District Magistrate, SAS Nagar (Mohali) has granted the sanction for prosecution of the petitioner, which may be allowed to be placed on record, otherwise, right of the complainant will be prejudiced, as summoning of a Clerk from the office of District Magistrate, SAS Nagar (Mohali) is necessary to be examined for fair decision of the case.