Rajesh Kumar S/O Shri Mukesh Chand ... vs State Of Rajasthan
2022 Latest Caselaw 5686 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 1082/2019

Rajesh Kumar S/o Shri Mukesh Chand B/c Dhobi, R/o Purohit Ji
Ki Tapri, Kota, Raj.
                                                                          ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp.
                                                                        ----Respondent

For Petitioner(s) : Mr. Sudarshan Kumar Laddha, Adv.

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

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

22/08/2022

By the instant misc. petition under Section 482 Cr.P.C. read

with Section 11 of Probation of Offender Act seeking benefit of

Section 12 of Probation of Offenders Act in the matter arises out

of judgment and order dated 09.04.2014 passed by Civil Judge

and Judicial Magistrate No.5 North Kota in Criminal Case

No.346/2011 and another arises out of FIR No.189/11 Police

Station Bhimganj Mandi, District Kota whereby the petitioner has

been convicted under Sections 341/504, 506, 34 of IPC and

granted benefit of Probation under Section 4 of Probation of

Offender Act and ordered to deposit Rs.500/- prosecution

expenses under provision of Section 5 of Probation of Offender

Act.

Learned counsel for the petitioner submits that petitioner

was convicted in FIR No.189/11 registered at Police Station

Bhimganj Mandi, Kota for the offence under Sections 323, 341,

(2 of 3) [CRLMP-1082/2019]

504, 506, 34 IPC on 09.04.2014 by the trial court and was

granted the benefit of Section 4 of Probation of Offenders Act.

Learned counsel for the petitioner also submits that petitioner had

filed a petition for granting the benefit of Section 12 of Probation

of Offenders Act. The said petition was registered as Criminal

Miscellaneous Petition No.6426/2018 and was withdrawn. Learned

counsel for the petitioner also submits that petitioner had applied

with the certified copy of judgment but he could not get the copy

of judgment because file of the petitioner was weed out. Learned

counsel for the petitioner also submits that trial court in its order

dated 09.04.2014 had not granted the benefit of Section 12 of

Probation of Offenders Act. So, the petitioner be provided the

benefit of Section 12 of Probation of Offenders Act.

Learned Public Prosecutor has opposed the arguments

advanced by learned counsel for the petitioner.

I have considered the arguments advanced by learned

counsel for the petitioner as well as learned Public Prosecutor.

Section 12 of Probation of Offenders Act, 1958 reads as

under:-

                "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 :

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."

It is an admitted position that case against the petitioner was

decided by granting the benefit of Section 4 of Probation of

Offenders Act. As per Section 12 of Probation of Offenders Act, if a

person is benefited section 3 or section 4 of Probation of Offenders

(3 of 3) [CRLMP-1082/2019]

Act, he shall not suffer any disqualification. So, no specific order is

required to be passed for granting the benefit of Section 12 of

Probation of Offenders Act. So, present petition is being devoid of

merits and liable to be dismissed.

The Criminal Miscellaneous Petition stands dismissed.

(NARENDRA SINGH DHADDHA),J

Jatin /57

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