1 2025:CGHC:46988 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 329 of 2024 1 - Krishnachand Lahare S/o Udalram Lahare Aged About 62 Years R/o Village Sirri, P.S. Pamgarh, District - Janjgir-Champa (C.G.) 2 - Sanjeev Lahare S/o Krishnachand Lahare, Aged About 32 Years R/o Village Sirri, P.S. Pamgarh, District Janjgir-Champa (C.G.) ... Applicants Versus 1 - State Of Chhattisgarh Through District Magistrate, Janjgir, District Janjgir- Champa (Cg) ... Respondent For Applicants : Mr. A.S. Rajput, Advocate For Respondent : Ms. Priya Sharma, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12/09/2025 1. This Criminal Revision is filed by the Applicant under Section 397/401 of the Code of Criminal Procedure, 1973 against the impugned order dated 03.02.2024 passed by the learned Sessions Judge, Janjgir, District – Jnajgir - Champa (C.G.) in Criminal Appeal No. 86/2023 and Criminal Appeal No. 83/2023 whereby, the learned Appellate Court while setting- aside the judgment of conviction under Section 323 of the Indian Penal Code, 1860 stayed the conviction under Section 498A, 506B of Indian Penal Code and Section 4 of th Dowry Prohibition Act, 1961 (hereinafter SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 for brevity referred to as the Act, 1961) and have released them on probation for a period of 01 year under the provisions of Section 4 of the Probation of Offenders Act, 1958 (hereinafter for brevity referred to as the Act, 1958) with certain directions. 2. Learned counsel for the applicant submits that though the appellants have been given the benefit under the provisions of the Act, 1958, as there is no specific mention that the order will not attach any disqualification, the department of the Applicant No. 1 is not releasing his full pension. The Applicant No. 1 retired as Lecturer after attaining the age of superannuation. He submits that in absence of the metnion of ‘order will not attach disqualification’, the applicant is suffering adversely. 3. Perusal of the impugned order dated 03.02.2024 (Annexure A/1) would show that the learned Court below has found proved the offences under Section 498A, 506B of the IPC and Section 04 of the Act, 1961, have stayed the conviction and have further ordered for release of the applicants therein on probation. The only submission of counsel for the applicants before this Court is of mentioning in the order that release of the applicants under provisions of Section 04 and 12 of the Act, 1958 will not attach any disqualification, perusal of the provision under Section 12 of the Act, 1958 clearly envisages “removal of disqualification attaching to conviction” which 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: 3 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. Perusal of the aforementioned provision would show that under the Act, 1961, there is an inbuilt provision of removal of disqualification attaching to conviction to a person found guilty of offences and dealt with under the provisions of Sections 3 & 4. 4. In the case at hand, though the Appellate Court have found the applicants guilty for the offences under Section 498A, 506 of IPC and under Section 4 of the Act, 1961, however, gave benefit under Section 4 of the Act, 1958. When, once the Court have extended the benefit to the appellants under Section 4 of the Act, 1958, they were protected pursuant to Section 12 of the Act, 1958 which provides for removal of disqualification attaching to conviction. Hence, in the facts of the case, no order is necessary in this regard, as the applicants have not raised any other ground on merits of the case. 5. In view of the above, this criminal revision is disposed of with the aforesaid observation. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey