IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.172 of 2009 DINESH GIRI SON OF LATE PARMANAND GIRI, R/O- VILLAGE- PARSA, P.S.- BETTIAH MUFFASIL, DISTRICT- WEST CHAMPARAN AT BETTIAH. Versus THE STATE OF BIHAR ----------- 3 27.09.2010 Petitioner is aggrieved by order dated 17.10.2008 passed in Cr. Appeal no. 54 of 2003 by learned Addl. Sessions Judge, F.T.C-II, West Champaran at Bettiah whereby the learned appellate court has affirmed the order dated 29.9.2003 passed by Judicial Magistrate, 2nd class, West Champaran at Bettiah in G.R. no. 32 of 1997. Learned counsel for the petitioner while assailing the order of the learned lower appellate court submits that the findings of guilt recorded under Section 323 are contrary to the materials on record. It appears from the orders impugned that considering the special facts appearing in the case, the petitioner was let off under Section 4 of the Probation of Offenders Act. Section 12 of the Probation of Offenders Act reads as follows: “S.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“ In view of the aforesaid position, this Court declines to 2 interfere with the orders impugned. The application is accordingly disposed of. pkj ( Kishore K. Mandal, J. )