Allowed

Suresh Kumar Gautam S/O Jagdish Prasad, v. State of Rajasthan

Rajasthan HC21 Jul 2023CRLMP/2890/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan heard a criminal miscellaneous petition challenging an order where the petitioner was convicted but benefited under Section 4(1) of the Probation of Offenders Act. The Court held that the petitioner is entitled to the benefit of Section 12, removing disqualifications affecting his government job selection prospects.

What did the court decide?

Petitioner allowed benefit of Section 12 of the Probation of Offenders Act, 1958 to remove disqualification attaching to conviction.

Suresh Kumar Gautam S/O Jagdish Prasad, Vs… — Pension and Retirement Benefits | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2890/2023

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Suresh Kumar Gautam S/o Jagdish Prasad, Aged About 43 Years, R/o Ward No. 20, Chhipabarod, District Baran (Raj).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Learned Public Prosecutor.

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----Respondent

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For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. Suresh Kumar, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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21/07/2023

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This Misc. Petition under Section 482 Cr.P.C. has been filed against the impugned order dated 26.04.2012 passed by Judicial Magistrate (First Class), Chhipabarod, Baran, only on the ground that present petitioner was convicted for the offence under Sections 147, 148, 341 & 323/149 IPC and benefit of Section 4(1) of the Probation of Offenders Act, 1958 (hereinafter referred to as “the Act”) has been allowed to him but benefit of Section 12 of the Act has not been extended to him.

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The only contention of the present petitioner is that he has been allowed the benefit of Section 4(1) and he should also be extended the benefit of Section 12 of the Act as he has successfully qualified the Middle School Teacher Eligibility Test, 2018 as well as Rajasthan Eligibility Examination for Teachers, 2022 and there are full chances of the petitioner getting selected

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[CRLMP-2890/2023]

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(2 of 3)

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in the said exams and joining the government job. A requisite character certificate was issued by the Superintendent of Police, Baran wherein it has been stated that the present petitioner is convicted for the offence under Section 147, 148, 149, 323 & 341 IPC and the petitioner is apprehending that he will be deprived of the selection on the ground that he has been convicted. Hence benefit of proviso of Section 12 of the Act be awarded to him.

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Section 12 of the Act reads as under:

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“12. Removal of disqualification attaching to conviction . Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law:

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Provided that nothing in this section shall apply to a person who, after his release under section 4, is subsequently sentenced for the original offence.”

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A bare perusal of the above makes it clear that if a person is dealt with under Section 3 or 4 of the Act, he will not suffer from any disqualification attaching to a conviction of an offence under such law. Meaning thereby that Section 12 in itself provides that when a person is dealt with under Sections 3 and 4 of the Act, no disqualification could be attached to him by virtue of Section 12 of the Act.

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In the light of the above, the petition is allowed and it is made clear that the present petitioner is entitled for benefit of

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[CRLMP-2890/2023]

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(3 of 3)

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Section 12 of the Act and the conviction of the present petitioner

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will not affect his service career.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI/747

Suresh Kumar Gautam S/O Jagdish Prasad, v. State of Rajasthan

Case brief

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What did the court decide?

Suresh Kumar Gautam S/O Jagdish Prasad, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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