UDAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc.Petition under Sec. 482 Crimial P.C. has been filed against the impugned order dated 03.11.2006 passed by Additional Sessions Judge (Fast Track) No. 1, Tonk only on the ground that present petitioner was convicted for the offence under Sections 147,323 read with 149IPC and benefit of Sec. 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as "the Act") has been allowed to him but benefit of Sec. 12 of the Act has not been extended to him.

(2.) The only contention of the present petitioner is that he has been allowed the benefit of Sec. 4 and he should also be extended the benefit of Sec. 12 of the Act as he is a student and he wishes to participate in the selection process for appointment on the post of Conductor in Rajasthan State Road Transport Corporation in pursuance of the advertisement No. 161/2013-14 dated 08.08.2013. The petitioner applied before District Transport Officer, Tonk to get issued a Conductor License and DL-Drivers Badge. A requisite character certificate was issued by the Superintendent of Police, Tonk wherein it has been stated that the present petitioner is convicted for the offence under Sec. 143,323 read with 149 Penal Code and the petitioner is apprehending that he will be deprived of the selection on the ground that he has been convicted. Hence benefit of provision of Sec. 12 of the Act be awarded to him.

(3.) Sec. 12 of the Act reads as under: