GIRRAJ PRASAD MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 23.4.2012 passed by the High Court of Judicature of Rajasthan (Jaipur Bench) in S.B. Criminal Misc. Petition No. 1260 of 2012, by which the High Court rejected the application filed by the appellant under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') for setting aside the judgment and order dated 15.7.2011 passed by the Judge, Gram Nyayalaya, Gangapur City, District Sawai Madhopur, Rajasthan, in Case No. 269 of 2011, whereby the trial court has allowed the application of the respondents-accused for pleading guilty for the offences punishable under Sections 323 and 343 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and has further given them the benefit of Section 12 of the Probation of the Offenders Act, 1958, (hereinafter referred to as the 'Act 1958'), in the case arising out of FIR No. 115 of 2009 lodged at Police Station Wazirpur under Section 365 IPC.

(2.) Facts and circumstances giving rise to this appeal are that:

(3.) Shri H.D. Thanvi, learned counsel appearing on behalf of the appellant, has raised a large number of issues and insisted that the trial court had no right to make any observation that the conviction could not have adverse affect on the service of the respondents. More so, the courts below had committed an error in exceeding the scope of the provisions of Section 12 of the Act 1958. The trial stood concluded without framing the charges, without issuing notice to the appellant.