LI Network
Published on: January 15, 2024 at 00:17 IST
The Rajasthan High Court has granted permission to withdraw prosecution against Lok Sabha Speaker Om Birla and others, stating that they were raising reasonable demands of the public.
The criminal miscellaneous petition was filed by the State against four individuals, including Om Birla, and was heard by a Single Bench of Justice Anil Kumar Upman in the Jaipur Bench.
The court order stated, “Considering the entire facts and circumstances and submissions advanced by the counsels for the parties, and the law laid down by the Apex Court, it can be safely inferred that there was no personal interest of the accused respondents, and they were simply raising the reasonable demands of the public at large, and also considering the nature of the offence and the circumstances wherein the alleged incident took place, this Court deems it just and proper to grant leave for withdrawal of prosecution.”
The case involved a criminal miscellaneous petition filed under Section 482 of the Criminal Procedure Code (CrPC), arguing that the public agitation was in the public interest and aimed at addressing various public issues.
The Court was informed that the agitation focused on concerns such as the condition of roads, electricity, health, etc., and was considered a public cause without any personal interest.
The High Court scrutinized the minutes of the meeting held on September 21, 2021, where it was mentioned that the agitation was in the interest of the public, and the accused persons were raising demands for the betterment of public infrastructure.
The Court noted that there were no specific allegations against the petitioners in the chargesheet and emphasized the citizens’ right to raise reasonable demands in a peaceful manner.
The Court concluded by granting leave to the State to file an application for withdrawal of prosecution before the trial court, and any observations made in the order were clarified not to affect or prejudice the decision of the trial court on the withdrawal application.
Case Title: State of Rajasthan v. Narendra Meghwal, MLA, Kota & Ors.