Nisha Gupta, J. - (1.) This Misc.Petition under Section 482 Cr.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 Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as "the Act") has been allowed to him but benefit of Section 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 Section 4 and he should also be extended the benefit of Section 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 Section 143,323 read with 149 IPC 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 Section 12 of the Act be awarded to him.
(3.) Section 12 of the Act reads as under: "12. Removal of disqualification attaching to conviction. Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law: Provided that nothing in this section shall apply to a person who, after his release under section 4, is subsequently sentenced for the original offence.";