LAWS(MPH)-2014-3-16

SALMAN MOHAMMAD Vs. STATE OF M.P.

Decided On March 24, 2014
Salman Mohammad Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) IN this petition, filed under Article 226 of the Constitution petitioner has challenged the order dated 30.10.2013 (Annexure P/1) whereby petitioner's candidature was rejected by the respondents.

(2.) SHRI D.P.Singh, learned counsel for the petitioner submits that petitioner was exonerated in a criminal case because of "Rajinama" (compromise). Acquittal for any reason amounts to acquittal. Such acquittal on compromise cannot be treated as a stigma on the petitioner. Learned counsel for the petitioner relied on the recent judgment passed by this Court in WP No. 3875 / 2013 (Dilip Kumar Samadhiya Vs. State of M.P. and others). Shri D.P.Singh submits that impugned rejection order is based on judgment passed in Civil Appeal No. 4842/2013 (Commissioner of Police, New Delhi and Anr. Vs. Mehar Singh). Shri Singh submits that judgment of Mehar Singh (supra) is considered by this Court in Dilip Kumar Samadhiya (supra) and the present case is covered by the judgment of Dilip Kumar Samadhiya.

(3.) I have heard learned counsel for the parties and perused the record.