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Greenlights Withdrawal in 2012 Idol Immersion Riot Case Against BJP MLA
In a significant ruling, the has allowed the to withdraw prosecution against BJP MLA Ram Chander Yadav in a decade-old riot case stemming from a tense idol immersion procession. Justice Rajeev Singh set aside a trial court order rejecting the withdrawal application under , prioritizing the and communal harmony. The decision, cited as , resolves parallel proceedings: a application by Yadav and a criminal revision by the State.
The Spark: Traffic Jam Turns into Communal Clash
The saga began on , near Rudauli Police Station in Ayodhya (then Faizabad). Tractors ferrying idols for immersion halted traffic, drawing a rally with music and drums. Police urged drivers to move, but they awaited local MLA Ram Chander Yadav's arrival. Yadav explained a prior scuffle at Village Albana, where color accidentally splashed a boy near a mosque, leading to abuses, a quarrel, and a broken idol.
Tensions escalated as Yadav allegedly urged the crowd not to budge until "culprits were punished." The procession later moved but jammed again. By afternoon, 2,000-3,000 people gathered at Albana. Provoked associates arrived, and 250-300 individuals pelted stones at another community and attacked police, injuring officers. An FIR (No. 1015/2012) named Yadav under serious charges: ; ; and .
A charge-sheet followed, but in , the State ordered withdrawal. Trial courts rejected applications twice ( and ), prompting High Court intervention.
Dueling Narratives: Political Vendetta vs. Police Valor
Yadav's counsel, led by , argued political rivalry dragged the former MLA into the fray, solely on co-accused confessions. Citing Rahul Agrawal v. Rakesh Jain (2005) 2 SCC 377, they stressed withdrawal buries disputes, fosters harmony, and serves justice—especially post his acquittal in a prior FIR (No. 254/2000).
The complainant (then SHO) and counsel defended the FIR's veracity: crowd assaults on police and others justified continuation, though the State supported withdrawal. No dispute on the government's intent, but emphasis on officer injuries.
Decoding Section 321: Supreme Court Precedents Light the Way
Justice Singh meticulously dissected , which empowers Public Prosecutors to seek withdrawal with State permission and court consent. Drawing from landmark rulings:
- Bansi Lal v. Chandan Lal (1976) 1 SCC 421: Courts must ensure no futile consent undermining justice.
- Balwant Singh v. State of Bihar (1977) 4 SCC 448: Prosecutors prioritize public justice over narrow cases.
- Sheonandan Paswan v. State of Bihar (1983) 1 SCC 438: Independent mind application, avoiding extraneous influences.
- State of Punjab v. Union of India (1986) 4 SCC 335: Touchstone is , including social harmony.
- Rahul Agarwal (supra): Permit if acquittal likely, harassment evident, or harmony advanced.
The bench clarified prosecutors aren't "post boxes" ( S.K. Shukla v. State of U.P. , 2006 1 SCC 314) but officers acting objectively. Here, the application stemmed from Advocate General's reviewed material, not mechanical submission.
Key Observations from the Bench
"The present application has been filed... to quash the order dated ... whereby the application U/s 321 Cr.P.C. for withdrawal of criminal prosecution has been rejected."
"From bare reading of the application, it appears that Public Prosecutor had filed the application under Section 321 Cr.P.C. in after careful consideration of the material available on record."
"Applicant's involvement was found merely on the basis of the statement of the accused persons."
"Ultimate authority to allow withdrawal from prosecution vests with the Court and the guiding consideration must always be ."
These quotes underscore the court's focus on and evidence paucity.
Harmony Over Prosecution: A Landmark Allowance
The High Court allowed both the Section 482 application and criminal revision, quashing the trial court's December 2022 order. Withdrawal under was permitted, effectively discharging Yadav.
This ruling reinforces that withdrawal serves broader justice—like burying old communal wounds—when prosecutors apply minds independently. For future cases, it signals courts' scrutiny of "" applications, potentially easing politically charged prosecutions while safeguarding against abuse. The original record was handed to the Law Department, closing a chapter on 2012's unrest.
