STATE OF RAJASTHAN Vs. HARDUTT SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 3.3.1982 passed by the learned Judicial Magistrate, 1st class, Hanumangarh acquitting the accused respondent herein of offence under Sec. 25 of the Arms Act on the ground that the sanction for the prosecution, given by the District Magistrate, Sri Ganganagar is in the name of Harvath Singh S/o Amerik Singh and not in the name of accused respondent Hardutt Singh S/o Amer Singh.

(2.) It is contended by the learned Addl. P.P. that there was some typographical mistake in the order Ex. P/5 passed by the District Magistrate with respect to the name of the accused respondent. The learned Magistrate had not even taken the said mistake that seriously in order to correct the order of sanction. Even if the Court accept the contention then, the matter is required to send back to the Trial Court. The incident is of year 1976. I do not consider it appropriate to send the matter back after lapse of 23 years for this petty reason.

(3.) In view of this, I am not inclined to interfere with the order of acquittal. The state appeal is accordingly rejected.