Rajasthan High Court - Jodhpur
Prahlad Meena vs State Of Rajasthan on 25 November, 2022
Author: Rekha Borana
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Misc Application No. 133/2022
Prahlad Meena S/o Jagdish Prasad Meena, Aged About 33 Years,
R/o Village Kolyabas, Tehsil Nangal, Rajavatan, District Dausa.
----Petitioner
Versus
1. State of Rajasthan, through the Secretary, Department of
Home Affairs, Secretariat, Jaipur.
2. The Director General of Police, Police Headquarters, Govt.
of Rajasthan, Jaipur.
3. The Superintendent of Police, Jodhpur Rural, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Varda Ram Choudhary
HON'BLE MS. JUSTICE REKHA BORANA
Order 25/11/2022 The matter comes upon a miscellaneous application with a prayer for passing of an appropriate order in accordance with the provision of Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act of 2000').
In the present matter, a writ petition was preferred by the petitioner who was denied appointment on the post of Constable because of concealment of the criminal antecedents. The same was dismissed and after its dismissal, a review petition was preferred on the ground that the petitioner was a minor on the date of alleged incident and therefore, he ought to have been granted the exemption as provided under Section 19 of the Act of (Downloaded on 29/11/2022 at 11:27:41 PM) (2 of 2) [WMAP-133/2022] 2000. The said review petition of the petitioner was dismissed with a reasoned order on 22.03.2022.
Now the present miscellaneous application has been filed with a submission that in view of the latest judgment of Hon'ble Apex Court in the case of Sanjay Patel & Anr. v. State of Uttar Pradesh; Special Leave Petition (Crl.) No.5604/2009, the petitioner ought to have been granted the benefit of the provisions of the Act of 2000.
In the opinion of this Court, the present application is a totally misconceived application in so much as: firstly, the present misc. application virtually seeks review of the order of review which cannot be held to be maintainable. Secondly, it is for the same relief as prayed for in the review petition which was rejected with a reasoned order. Thirdly, the judgment of Hon'ble Apex Court relied upon by the petitioner which pertains to grant of benefit of Section 19 of the Act of 2000 in a criminal proceeding cannot be held to be applicable to the present matter by any stretch of imagination or reasoning.
In view of the above observations, the present miscellaneous application is dismissed with a cost of Rs.2000/-. The cost be deposited with the Rajasthan State Legal Services Authority within a period of three weeks from today.
(REKHA BORANA),J 23-Sachin/-
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