Ravi Kumar Rajput vs The State Of Madhya Pradesh
2021 Latest Caselaw 5364 MP

                                  1


               The High Court of Madhya Pradesh
                          R.P.No.587/2021
        [Ravi Kumar Rajput Vs. State of M.P. and Ors.]

Gwalior: dated 13.09.2021

      Shri D.S.Raghuvanshi, learned counsel for the petitioner.

      Shri Ankur Mody, learned AAG for respondent/State.

Petitioner is seeking review of the final order dated

09.07.2021 whereby this court has dismissed the petition in

question assailing cancellation of candidature of petitioner for

appointment to the post of Constable in Special Armed Forces.

Review is sought as per learned counsel for the petitioner on

the ground that despite the acquittal by the Criminal Court to be

honorable and clean, this court has erroneously held that the

acquittal was based on benefit of doubt. It is submitted that this

error is so palpable that the order under review deserves to be

recorded.

After having gone through the record and having appreciated

the argument of the learned counsel for the petitioner, this court has

no manner of doubt and the finding recorded in last para of second

page of the order under review clearly reveals that the element of

doubt regarding complicity of petitioners could not be completely

removed especially in view of the examination-in-chief of the

Handwriting Expert (PW-10) and also the fact that the complainant

and prosecution witnesses having failed to identify the petitioner.

The element of doubt was thus not eliminated in toto,

therefore, the judgment of acquittal has been rightly held to be not

honorable and clean. Thus, no case for review is made out in

absence of any palpable error.

Accordingly, review petition stands dismissed

(Sheel Nagu) (Anand Pathak) Judge Judge Ashish*

ASHISH CHAURASI A 2021.09.1 5 13:29:37 +05'30'