Monu @ Kaushal Singh Bhadoriya v. State of Madhya Pradesh
2015-10-29
S.K.PALO
body2015
DigiLaw.ai
ORDER : S.K Palo, J. Heard. 2. The petitioner has filed this petition under Section 482 of Criminal Procedure Code to invoke the extraordinary jurisdiction of this Court seeking relief of providing the petitioner benefit of Section 12 of the Probation of Offenders Act, 1958, by which the disqualification attaching to the conviction be removed. 3. Briefly stated the facts that the applicant was tried for offence under Sections 323/34, 325/34, 294, 506-B and 341 of IPC and during trial he was found to be a juvenile. Therefore, before the Juvenile Justice Board, the charge-sheet was filed. On 29.06.2012, the petitioner a juvenile in conflict with law admitted guilt, hence, he was fined Rs.200/-, 400-, 200/-, 200/- total Rs.1,000/- which he deposited. The Juvenile Justice Board pronounced judgment and disposed of the case summarily. 4. Petitioner, who was juvenile in conflict with law, at that time, has attained the age of majority and has applied for different jobs. In Criminal Case No. 1898 of 2011, State v. Jaipal Singh and others.), the petitioner entered into compromise with the opposite party. 5. Therefore, on 09.04.2012 the cross case has also been disposed of due to compromise. 6. The petitioner apprehends that the judgment dated 29.06.2012 may be an impediment in getting a government job. 7. Therefore, he prayed that the disqualification attached to the conviction may be removed following the law laid down in Rajbir v. State of Haryana reported in (1985) SCC (Cri) 445. 8. Considered the submission. 9. In a similar case Santosh v. State of M.P. reported in (2010) 3 MPHT 55 , for offence under Sections 323/34, 324/34 of IPC, this Court imposed fine of Rs.5,000/- and it was made clear that the conviction of the appellant will not affect his service career in any manner. In the case of Rajveer (supra), Hon'ble the Supreme Court has clearly and unambiguously allowed the benefit of probation under Section 3 of Probation of Offenders Act, 1958, and subsequently ordered that the conviction was maintained and directed the appellant to be released on probation for good conduct under Section 4 of the Act. At the same time, it was ordered that the conviction should not affect his service. 10. Besides when a juvenile in conflict with law has been convicted, is not liable to any disqualification.
At the same time, it was ordered that the conviction should not affect his service. 10. Besides when a juvenile in conflict with law has been convicted, is not liable to any disqualification. Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2000, provides that:- "19. Removal of disqualification attaching to conviction:- (1) Notwithstanding anything contained in any other law, a juvenile who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attaching to a conviction of an offence under such law. (2) The Board shall make an order directing that the relevant records of such conviction shall be removed after the expiry of the period of appeal or a reasonable period as prescribed under the rules, as the case may be." 11. In view of the above, as the petitioner was a juvenile at the time of incident and was convicted by the Juvenile Justice Board on 29.06.2012 in Criminal Case No. 45/2012, the disqualification attached to the conviction is removed and it is made clear that the conviction of the petitioner in the above case will not affect his service career in any manner. Petition is decided accordingly.