IMPORTANT POINT
Withdrawal from prosecution – Ultimate authority to allow withdrawal from prosecution vests with Court and guiding consideration must always be interest of administration of justice.

JUDGMENT

Rajeev Singh, J.—Heard Sri Salil Kumar Srivastava, learned Senior Counsel assisted by Sri Kanishk Sinha, learned counsel for the applicant, Sri V.K. Shahi, learned Additional Advocate General and Dr. V.K. Singh, learned Govt. Advocate appearing for the State and Sri I.P. Singh, learned Senior Counsel assisted by Sri Vijay Kumar Verma, learned counsel for the complainant.

2. The present application has been filed with the following prayer:—

“Wherefore, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to pass an order thereby quashing the order dated order dated 16.12.2022 passed by Special Judge (MP/MLA)/Additional District Judge, Court No. 3, Faizabad in S.T. No. 8032/2017 whereby the application U/s 321 Cr.P.C. for withdrawal of criminal prosecution has been rejected and non-bailable warrant of arrest against the present petitioner has been ordered to be issued pertaining to Case Crime No. 1015 of 2012 U/s 147, 148, 149, 307, 332, 333, 353, 336, 435, 504, 506, 120-B, 295 IPC & Section 7 of Criminal Law Amendment Act & Section 3/4 Prevention of Damage to Public Property Act, 1984, P.S. Rudauli, District Faizabad (now Ayodhya) and also to quash the impugned charge-sheet and the entire proceedings of the aforesaid case and/or any other appropriate order or direction which this Hon’ble court may deem just fit and proper under the circumstances of the case may also kindly be passed in order to meet the ends of Justice.”

3. The Criminal Revision is also filed challenging the order dated 16.12.2022 passed in S.T. No.8032 of 2017.

4. Since, both the cases challenged the same order, therefore, both the cases are hereby decided by this common order.

5. As per the prosecution case, on 24.10.2012 at about 01:00 p.m., a number of tractors carrying the Idol for immersion were standing in front of gate of the Police Station, Rudauli, Ayodhya. A rally of people was also proceeding for the immersion of Idols by playing music and beating drum, etc, which resulted into traffic congestion. At the same time, the S.H.O. of the area in question along with the police force reached on the spot and instructed the drivers of tractors to move forward, upon which, he was informed that the immersion process was not taking place at the village Albana and thereafter, the applicant, who was a Member of the Legislative Assembly of the area in question had informed them that they should halt there by keeping the Idols till he reached in front of the Police Station. Though the S.H.O., tryied to convince them to move forward, but they denied for the same due to which huge crowd gathered there. Thereafter, at about 2:20 p.m., when the applicant reached there, he was also requested by the S.H.O., upon which, the applicant told that when the devotees were passing by a mosque, unfortunately, color was put on a boy belonging to other community, who started abusing and quarreling with the people who were in procession and in that incident an Idol was also broken at Village Albana.

It is further alleged in the F.I.R. that applicant also gave aggressive statements that “don’t move until and unless the culprits are punished”. However, later on, movement of tractors were started on the advice of the applicant with the instruction that they shall again create jam at Paudhshala. The S.H.O. along with his companions and one Section of P.A.C. also started moving towards the Village Belsar and when they reached near Hindu Inter College, the information about the incident happened at Village Albana was given by the concerned Circle Officer and he was asked to reach there, on which, the S.H.O. (informant) alongwith force reached at village Albana at about 3:30 p.m. at Village Albana. There, the informant found that tractors, which were carrying the Idols were standing outside the village, and about 400 - 500 people were also there, out of which, 50 - 60 were female. The police officials were trying to convince them to move by saying tha