Citation : 2023 Latest Caselaw 1344 Raj/2
Judgement Date : 1 February, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 10704/2022
Naveen Kumar S/o Shri Babu Lal, Resident Of Maharajwas, Tehsil
Behror, District Alwar (Rajasthan).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Kapil Gupta
For Respondent(s) : Mr. Deshraj Gosingha, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
01/02/2023
Heard the parties.
The petitioner was convicted on his confession for offence
under Section 4/6 of Rajasthan Noise Control Act, 1963. The court
below has awarded fine of Rs. 250/- only against the petitioner.
Learned counsel for the petitioner submits that petitioner
has already deposited the fine amount, however court below
should have allowed the benefit of Probation of Offenders Act and
instead of awarding any substantive sentence, court below should
have released the petitioner on execution of probation bonds.
The charge against the petitioner was that he was beeping
horn of his vehicle in violation of the law. There is no dispute that
offence alleged would not come within the ambit of act of moral
turpitude. The offence for which conviction was recorded is of
trivial nature, hence, it is directed that judgment of conviction
dated 21.08.2020 passed in case No. 472/2020 shall not affect the
(2 of 2) [CRLMP-10704/2022]
future career of the petitioner in any way and the judgment shall
not be treated as any disqualification in the matter of public
employment.
With the aforesaid observations, instant petition stands
disposed of.
(BIRENDRA KUMAR),J
ashu /24
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