IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 14^th OF JULY, 2023 WRIT PETITION No. 15280 of 2023 BETWEEN:-

JAI KARAN SINGH S/O SHRI RATAN SINGH, AGED ABOUT 37 YEARS, OCCUPATION: CULTIVATOR, R/O VILALGE BANNAD, POST OFFICE BAMHORI, BIKA DISTRICT SAGAR (MADHYA PRADESH)

.....PETITIONER (BY SHRI AJAY SHANKAR RAIZADA- ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH, THROUGH ITS PRINCIPAL SECRETARY, HOME (POLICE) DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTER JAHANGIRABAD, BHOPAL, DISTRICT BHOPAL (MADHYA PRADESH)

3. COMMANDANT, 6TH BATTALION, S.A.F.

JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ANUBHAV JAIN- GOVERNMENT ADVOCATE)

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This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 226 of the Constitution of India has been filed against the order dated 29.01.2018 passed by Commandant, 6^th Battalion, S.A.F., Jabalpur in File No. 6^th Battalion/SAF/Jabalpur/Establishment/222 by which the candidature of the petitioner for the post of Constable was rejected on the ground that the petitioner was tried for an offence under Sections 148, 149, 294, 323, 336, 506-B of IPC and by order dated 05.04.2011, the petitioner was acquitted on the basis of compromise for offence under Sections 148, 149, 294, 323, 341, 506-B of IPC and under Section 336 of IPC on the ground that the witnesses had turned hostile.

2. It is submitted by the counsel for the petitioner that an advertisement was issued in the year 2013 for recruitment to the post of Constable. The candidature of the petitioner was rejected by order dated 11.03.2014. Therefore, by order dated 29.03.2014 his name was removed from the list of the selected candidates. The said order was challenged by petitioner by filing W.P. No. 6866/2014. The said writ petition was finally disposed of by order dated 10.10.2017 with a direction to the respondents to re-consider the case of the petitioner in light of the judgment passed by the Supreme Court in the case of Avtar Singh Vs. Union of India and Others, reported in (2016) 8 SCC 471 Thereafter, the case of the petitioner was reconsidered and by impugned order dated 29.01.2018, his candidature has been once again rejected. Since, this petition has been filed in the year 2013, therefore, it is mentioned that since, the father and cousin of the petitioner were ill and the petitioner was busy in taking care of them and further, because of Covid-19, the petitioner has suffered financially, therefore, on account of scarcity of funds, the petitioner could not approach the Court earlier.

3. So far as, the explanation given by the petitioner for delay is concerned, it is suffice to mention here that since, this petition has been filed against the rejection of his candidature, therefore, this Court would not like to take a hyper technical view to reject the petition of the petitioner on the ground of delay and laches and accordingly, the explanation given by the petitioner for delay and laches is hereby accepted.

4. It is the case of the petitioner that he was tried for an offence under Sections 341/149, 294, 323/149, 148, 506 Part-II, 336 of IPC. It was alleged that on 07.05.2008 at about 10:00 am, the petitioner as well as other co-accused persons not only wrongfully restrained the complainant but also abused him, pelted stone as well as assaulted the injured by deadly weapons. However, it appears that the parties entered into a compromise and the petitioner and other co-accused persons were acquitted for the offence under Sections 148, 149, 292, 341, 323 and 506 Part-II. Since, offence under Section 336 of IPC was not compoundable, therefore, the petitioner and other co-accused persons were tried and all the witnesses turned hostile. Accordingly, by giving the benefits of doubt, the petitio