Though the medium of this petition purporting to be made under the provisions of Sec. 435 read with Sec.561-A Cr.P.C., the reversal of the order dated 29.1,1994 passed by the learned Sub Judge Judicial Magistrate 1st class, Jammu, is sought wherby he has refused the exhibition of the seizure memo dated 22.12.1991.The factual merits of the case is that in Challan No, 219/93 titled State V/s Romal Singh and others, respondents 1 to 7 herein, are facing the trial for the commission of offences falling under Secs.326/452/148/323 RPC read with Sec, 4/25 of the Arms Act. Yog Raj, petitioner herein, is the complainant in the case as well as a marginal witness of the seizure memo in question. The contents of the said seizure memo are that the respondent accused Romal Singh had procured the alleged weapon of offence namely, Toka, in the police station in the presence of the complainant Yog Raj and Kuldeep Raj. The statement of the complainant Yog Raj was being recorded on 7.12.1992 when the prosecutor sought to prove and exhibit the said seizure memo but an-objection was raised on behalf of accused respondents 1 to 7 that weapon of offence was not recovered in consequence of the information

Click Here to Read the rest of this document