Lekhchand Keer vs The State Of Madhya Pradesh
2021 Latest Caselaw 1113 MP

                                      1
                                                            M.Cr.C. No.6217/2015

               THE HIGH COURT OF MADHYA PRADESH
                         M.Cr.C. No.6217/2015
        (Lekhchand Keer Vs. The State of Madhya Pradesh & Others)

Jabalpur, Dated 26.03.2021


       Shri Awadhesh Kumar Singh, learned counsel for the petitioner.

       Shri Deepak Sahu, learned Panel Lawyer for the respondent/State.

                                  ORDER

1. Through this petition the petitioner is seeking following

reliefs:-

"(i) The Hon'ble High Court may kindly be pleased

to quashed the impugned order dated 31/3/2009

(Annexure P-5) passed by Shri R.K. Batham, Judicial

Magistrate First Class.

(ii) The Hon'ble High Court may kindly be pleased

to allow the petitioner's application under Probation of

Offenders Act (20 of 1958) on the compassionate ground

so that he will entitled to absorb in service on the post of

Constable (Police).

(iii) The Hon'ble High Court may kindly be direct to

quash the impugned rejection letter dated 19/12/2014

(Annexure P-4).

(iv) Any other efficacious remedy /remedies and or

relief/relief that this Hon'ble District & Sessions Judge,

District Raisen considers fit, necessary and appropriate in

M.Cr.C. No.6217/2015

the circumstances of the case, kindly are granted to the

petitioner.

(v) The cost of petition together with petitioner's

counsel fee ordered to be taxed, against the State-

respondent."

2. Facts of the case are that the petitioner participated in Home-guard

recruitment process and was selected, but during the corrective verification

it was found that he was prosecuted in Crime No.217/2007, registered at

Police Badi, District Raisen under Section 394/34 of IPC and was acquitted

after trial vide judgment dated 31/3/2019 extending the benefit of doubt.

His conduct was not found upto the mark to be appointed as Home-guard

Constable, therefore, his representation (Annexure P-4) was rejected vide

order dated 19/12/2014 in view of the judgment of the Hon'ble Supreme

Court in SLP No.38886/2012 (Commr. Of Delhi Police vs. Mehar Singh).

3. Before this Court, the learned counsel for the petitioner repeatedly

submitted that benefit of probation be extended to the petitioner. The

contention of the petitioner is misconceived as he has been acquitted in the

criminal case registered against him. No such relief can be granted by this

Court.

4. So far as the prayer of rejection of his representation (Annexure P-4)

is concerned, that cannot be done while exercising the inherent powers of

this Court conferred under Section 482 of Cr.P.C. Therefore, no relief, as

prayed for, can be granted to the petitioner.

M.Cr.C. No.6217/2015

5. Consequently, the petition is dismissed. However, the petitioner shall

be at liberty to prosecute the remedies available under the law.

All the I.As stands closed.

(Virender Singh) JUDGE

rv Digitally signed by REENA HIMANSHU SHARMA Date: 2021.03.31 11:11:54 +05'30'