Naval Singh Solanki vs The State Of Madhya Pradesh
2024 Latest Caselaw 6692 MP

Madhya Pradesh High Court

Naval Singh Solanki vs The State Of Madhya Pradesh on 5 March, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                 ON THE 5 th OF MARCH, 2024
                                              WRIT PETITION No. 5823 of 2023

                           BETWEEN:-
                           NAVAL SINGH SOLANKI S/O CHAGANSINGH SOLANKI,
                           AGED ABOUT 41 YEARS, OCCUPATION: UNEMPLOYEE
                           R/O GRAM DAULATPURA POST RHENDRA DISTT.
                           JHABUA (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI ASHISH JOSHI, ADVOCATE.)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY VALLABH    BHAWAN,  BHOPAL
                                 (MADHYA PRADESH)

                           2.    DIRECTOR GENERAL, HOME GUARD NAAGRIK
                                 SURAKSHA   AVAM    AAPDA  PRABANDHAN
                                 JABALPUR (MADHYA PRADESH)

                           3.    SENIOR STAFF OFFICER, HOME GUARD NAAGRIK
                                 SURAKSHA    AVAM    AAPDA   PRABANDHAN
                                 JABALPUR (MADHYA PRADESH)

                           4.    DIVISIONAL    COMMANDANT     HOMEGUARD
                                 INDORE DIVISION, INDORE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE.)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                              ORDER

01. The petitioner has filed the present petition seeking direction to the respondent to consider his name for appointment to the post of Home Guard

by virtue of his services during Simhast Maha Kumbh.

02. According to the petitioner, vide order dated 13.07.2015 he was nominated for duty during Simhast Maha Kumbh, 2016, a certificate to that effect was issued by the Chief Minister, his name was nominated vide order dated 23.02.2019 for appointment in permanent post. His name was also included in the letter dated 25.05.2020 but till date no order has been passed. Hence, he filed this petition before this Court.

03. The respondent filed the reply by submitting that a criminal case was registered against the petitioner under Section 420/34 of IPC at crime No.1823/2017 however, vide order dated 11.05.2018, he has been acquitted on

the basis of compromise, therefore, he was unfit for the appointment.

04. Learned counsel for the petitioner submits that in similar facts and circumstances, this Court in number of writ petitions have directed to reconsider the case in light of the judgment passed by the Apex Court in case o f Avtar Singh V/s Union of India and others reported in (2016) 8 SCC

471. Learned counsel further submits that by virtue of Section 320(8) of IPC which says composition of an offence under this section shall have the effect of acquittal of the accused with whom offence has been compounded, therefore, the petitioner is liable to be treated as acquitted and as on today no criminal case is pending against him.

05. In view of the above, respondents are directed to consider the case of the petitioner in light of the judgment passed in the case of Avtar Singh (supra) as he has been acquitted from the charges under Section 420/34 of IPC.

06. With the aforesaid, Writ Petition is disposed of.

(VIVEK RUSIA) JUDGE Divyansh