LI Network
Published on: December 02, 2023 at 17:10 IST
The Allahabad High Court granted permission to drop a criminal case involving Uttar Pradesh Minister Dr. Sanjay Kumar Nishad.
The State pursued a Criminal Revision against the Additional Civil Judge’s decision that rejected the Special Public Prosecutor’s application under Section 321 of the Criminal Procedure Code (CrPC) to withdraw the Minister’s prosecution.
Justice Raj Beer Singh, in a single-bench ruling, emphasized the necessity of court consent for prosecution withdrawal.
The Public Prosecutor, while making such requests, must independently assess its societal impact if granted, act in good faith, review the case material, and form an unbiased opinion about the withdrawal’s public interest ramifications.
In this matter, the accused, Minister Dr. Sanjay Kumar Nishad, faced allegations under Section 174 of the Railways Act.
The incident, reported in 2015, involved a demonstration by Dr. Nishad, Chairperson of Nishad Ekta Parishad, and members of the Nishad community, leading to railway traffic disruption between Maghar-Sahjanwa. While the State initially decided to withdraw the prosecution, the Court granted consent for it.
However, the Trial Court rejected the Special Public Prosecutor’s withdrawal plea in 2023, leading to the State’s appeal to the High Court.
The Court clarified that government initiative doesn’t taint an application for withdrawal. It stressed the need for reasons justifying the withdrawal to ensure the Public Prosecutor is convinced about its necessity.
The Court, supervising this consent process, acknowledged the Public Prosecutor’s independent and lawful exercise of discretion, emphasizing their authority to withdraw prosecutions not only due to insufficient evidence but also to serve public justice.
The Court, after reviewing the case’s circumstances and established legal principles, deemed the earlier order as flawed and unsustainable. Consequently, it deemed unnecessary to remand the matter and reissue an order since the Section 321 CrPC application met all requirements.
Thus, the High Court accepted the revision, overturning the prior order.
Case Title: State of U.P. v. Dr. Sanjay Kumar Nishad (Neutral Citation: 2023:AHC:225678)
