Citation : 2023 Latest Caselaw 366 Raj/2
Judgement Date : 11 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 6/2023
State Of Rajasthan
----Appellant
Versus
Krishna Kumar S/o Shri Akhai Singh
----Respondent
For Appellant(s) : Mr. Rajesh Maharshi, AAG with Mr. Udit Sharma & Mr. Samee Khan
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 11/01/2023
There is a delay of 25 days in filing the appeal, which is
adequately explained.
Accordingly, the delay is condoned subject to objections of
the respondents on appearance. The application (No.6/2023) for
condonation of delay stands allowed.
Learned Additional Advocate General has argued that in
passing the impugned judgment and order dated 27.09.2022, the
learned Single Judge has omitted to consider the amended
Rajasthan Police Subordinate Service Rules, 1989, which inter alia
provide that even if the person is juvenile on the date of the
offence, for the purposes of his candidature to the police services
he would be treated as an adult and he would not be entitled to
any benefit being a juvenile. Moreover, the acquittal of the
respondent was not a clear acquittal but by giving the benefit of
doubt.
Issue notice to the respondents by registered post,
returnable within six weeks.
(2 of 2) [SAW-6/2023]
List for admission/final disposal immediately thereafter.
Until further orders of this Court, the effect and operation of
the impugned judgment and order dated 27.09.2022 shall remain
stayed.
(SHUBHA MEHTA),J (PANKAJ MITHAL),CJ
KAMLESH KUMAR/RAJAT/20
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