[Cites 10, Cited by 0]
Rajasthan High Court - Jodhpur
Deepak Sharma vs State Of Rajasthan (2026:Rj-Jd:6322) on 4 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:6322]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 460/2026
Deepak Sharma S/o Shri Babu Lal, Aged About 26 Years, R/o
Main Road, Bramano Ka Bas, Village Falka, Block Jaitaran District
Beawar
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home Affairs, Secretariat, Jaipur
2. Director General Of Police, Rajasthan, Police
Headquarters, Jaipur
3. Inspector General Of Police, Ajmer Range, Ajmer
Rajasthan
4. Superintendent Of Police, Disrict Beawar, Rajasthan
5. Station House Officer, Sho, Police Station Anandpur Kalu
Block Jaitaran, District Beawar
----Respondents
For Petitioner(s) : Mr. Jitendra Choudhary
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/02/2026
1. By way of filing the instant writ petition, the petitioner is
seeking following prayers:-
"I. Issue an appropriate writ, order or direction, including
a writ of Certiorari and/or Mandamus, quashing and setting
aside the Police Verification Report dated 27.08.2024
(Verification No.4865871), insofar as it reflects the juvenile
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incident of the year 2016 and labels the petitioner as having
"Criminal Antecedents";
II. Issue a writ of Mandamus directing the Respondent
Authorities to forthwith expunge, erase and delete all
reference to the juvenile case of the year 2016 (FIR
No.111/2016, Police Station Anandpur Kalu, District Pali)
from the police records, CCTNS database, and all connected
digital and physical repositories, in strict compliance with
Section 24 of the Juvenile Justice (Care and Protection of
Children) Act, 2015;
III. Direct the Respondent Authorities to issue a fresh Police
Verification Certificate in favour of the Petitioner, clearly
reflecting "No Criminal Record/No Criminal Case Found",
within a time-bound manner, so as to enable the petitioner
to pursue employment and livelihood without any unlawful
stigma;
IV Declare that the action of the Respondent Authorities in
disclosing and relying upon a juvenile record for the purpose
of adult police verification is illegal, arbitrary,
unconstitutional, and violative of Articles 14 and 21 of the
Constitution of India, as well as contrary to the mandate of
the Juvenile Justice Act, 2015".
2. Heard the learned counsel for the petitioner and gone
through the averments made in the writ petition.
3. The petitioner was juvenile at the time of commission of
crime. He was charge-sheeted for the offence under Section
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4/25 of the Arms Act. Vide order dated 25.04.2017, he
pleaded guilty for the above offence and was ordered to
deposit a fine of Rs.200/- under Section 15(d) of Juvenile
Justice Act,2000.
4. It is not in dispute that the petitioner was a juvenile at the
time of the alleged incident and that the proceedings
culminated in a minor disposition under the Juvenile Justice
Act. The material on record further reflects that after the
said incident, the petitioner has reformed himself, completed
his education up to Class XII, and is presently seeking
employment to earn his livelihood.
5. The action of the respondent authorities in reflecting the
juvenile incident of the year 2016 in the Police Verification
Report dated 27.08.2024, branding the petitioner as having
"criminal antecedents", is patently illegal and stigmatic. In
the present socio-economic framework, a clean police
verification certificate is a sine qua non for securing
employment. Disclosure of a juvenile record has the effect of
permanently excluding the petitioner from the organised
workforce, thereby directly infringing his fundamental right
to livelihood, which is an integral facet of the right to life and
dignity guaranteed under Article 21 of the Constitution of
India.
6. Such disclosure is also in the teeth of the very object and
spirit of the Juvenile Justice (Care and Protection of Children)
Act, 2015, which is founded on the principles of reform,
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rehabilitation, and social reintegration. Section 3(xiv) of the
Act embodies the "Principle of Fresh Start", mandating that
all past records of a child in conflict with law shall be erased,
save in exceptional circumstances. Section 24 of the Act
further grants complete protection against any
disqualification attaching to a juvenile offence and casts a
corresponding obligation upon the State to ensure that such
records are not preserved or relied upon to the detriment of
the individual in adulthood.
7. A Division Bench of this Court in State of Rajasthan v.
Bhawani Shankar Moorh [2023/RJJD/002510] has
categorically held that juvenile records are not only
protected from disclosure but are required to be destroyed,
and that any disqualification arising therefrom must be
completely ignored. The continued retention and display of
the petitioner's juvenile record in the CCTNS database and
police verification report is, therefore, in clear violation of the
statutory mandate and judicial command.
8. The legal position now stands conclusively settled by the
Hon'ble Supreme Court in Lokesh Kumar v. State of
Chhattisgarh & Anr. [Criminal Appeal No. 1069/2025],
wherein it has been held that disclosure of juvenile
convictions in character or police verification certificates,
particularly where it impacts future employment, manifestly
undermines the legislative safeguards under the Juvenile
Justice law. The Apex Court has further issued a binding
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direction that such juvenile records shall not be disclosed or
relied upon in any verification, screening, or certification
process by the police or any public authority.
9. In view of the above, the instant writ petition is allowed and
impugned Police Verification Report dated 27.08.2024,
insofar as it discloses the petitioner's juvenile record and
labels him as having criminal antecedents, is declared not
sustainable in law. The continued existence of such entry
operates as a permanent stigma, defeats the reformative
purpose of the Juvenile Justice legislation, and unjustly clogs
the petitioner's career prospects.
10. Consequently, this Court is of the considered opinion
that the petitioner is entitled to complete erasure of the
juvenile record from all police and digital databases, and
directs issuance of a fresh Police Verification Certificate to
him reflecting no criminal record, so as to enable him to lead
a life of dignity and self-reliance.
11. Pending applications, if any, stand disposed of.
(FARJAND ALI),J
15-divya/-
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