STATE OF HARYANA Vs. ASMAN

JUDGEMENT

(1.) This order will decide the above mentioned two petitions.

(2.) Prayer in both the petition is for setting aside the orders dtd. 31/10/2017 and 21/11/2017 passed by the ACJM, Bhiwani in case titled 'State Vs. Asman and another' and 'State Vs. Jasbir, whereby the name of witness No.9, i.e. Reader to the District Magistrate, Bhiwani has been struck off from the list of witnesses and the name of Shri Pankaj, the then DistrictMagistrate, Bhiwani was ordered to be added in the list of witnesses and he was further summoned to appear as a witness.

(3.) Brief facts of the case are that an FIR was registered against the respondent accused under Sec. 25 of the Arms Act in Police Station Sadar Bhiwani, District Bhiwani for keeping in possession a country made pistol of .315 bore, along with 8 live cartridges without having any permit or license. Since it was a requirement of the Arms Act that before prosecuting the accused sanction for prosecution should be obtained from the concerned District Magistrate, being the competent authority, the sanction for prosecution was allowed by the District Magistrate. The learned State counsel has further submitted that the sanction order was attached along with the report submitted under Sec. 173(2) Cr.P.C. and the Reader to the District Magistrate, Bhiwani was cited as a witness in the list of witnesses attached with the challan as sanction, being a public document, can be formally proved by the Reader of the District Magistrate.