TARUN BAHEKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition is preferred under Article 226 of the Constitution of India seeking following reliefs:-

(2.) It is the submission of learned counsel for the petitioner that petitioner was appointed as Police Constable (GD) but on the basis of a case registered against him for the offence under Ss. 294, 323, 324, 506, 34 of IPC vide Crime No. 336 /20201 at police station Kirnapur, Distt. Balaghat, he has been found unfit for police services vide order dtd. 28/2/2023 passed by Superintendent of Police, Distt. Dindori.

(3.) Learned counsel for the petitioner submits that the said case which was registered against him trial was held and vide judgment dtd. 6/2/2023 by Chief Judicial Magistrate, Balaghat the acquittal has been recorded in favour of the petitioner. Allegation levelled by the prosecution against the petitioner could not be appreciated by the trial Court and prosecution could not prove the case beyond reasonable doubt about the allegation so levelled. Therefore, it is the submission of the learned counsel for the petitioner that his case be considered in the light of the clean acquittal recorded in favour of the petitioner. Even otherwise, allegation in the trial do not contain moral turpitude. He prayed for thoughtful consideration in the light of judgment passed by the apex Court in the case of Avtar Singh v. Union of India and Ors. (2016) 8 SCC 471.