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Dinesh Son Of Krishan Kumar vs State Of Rajasthan
2022 Latest Caselaw 4630 Raj/2

Citation : 2022 Latest Caselaw 4630 Raj/2
Judgement Date : 7 July, 2022

Rajasthan High Court
Dinesh Son Of Krishan Kumar vs State Of Rajasthan on 7 July, 2022
Bench: Birendra Kumar
       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 4677/2022

Dinesh Son Of Krishan Kumar, Resident Of Puhaniya, Police
Station Singhana, District Jhunjhunu (Raj).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s) : Mr. Brahma Prakash For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

07/07/2022

Petitioner faced trial in criminal case No. 295/2011 and the

trial resulted in acquittal due to compromise of offence under

Section 341, 323 IPC however conviction was recorded under

Section 147 IPC and the trial court released the petitioner, instead

of sending to jail after due compliance under Section 3 of

Probation of Offenders Act. Prayer is that due to conviction

recorded by trial court, it should not be treated as disqualification

against the petitioner in view of the provision of Section 12 of the

Probation of Offenders Act.

Section 12 itself states that probation granted under the

provisions of the Act shall not suffer any disqualification against

the conviction therefore it is directed that anything recorded in the

judgment dated 13.06.2011 passed in criminal case No. 295/2011

by learned Judicial Magistrate First Class Khetri, Jhunjhunu shall

not be taken as disqualification against the petitioner.

(2 of 2) [CRLMP-4677/2022]

With the aforesaid observations, prayer stands allowed.

(BIRENDRA KUMAR),J

ashu /36

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