Withdrawal of prosecution under Section 321 of CrPC is permissible when it serves public interest and allegations are not substantial.

ORDER :

1. By way of this Criminal Misc. Petition under section 482 of the Code of Criminal Procedure, 1973, the petitioner who is a Government Advocate-cum-AAG has filed the misc. petition with the following prayer:

“It is therefore most humbly prayed that the hon'ble court be pleased to grant leave to the petitioner to withdraw from prosecution in criminal case no. 896/2018 currently pending before learned Judicial Magistrate, Ramganj Mandi, District Kota, registered pursuant to fir no. 224/2012 at Police Station Morak, District Kota.

Any other order or relief, which this Hon'ble High court deems fit and proper, may also kindly be passed in favour of the petitioner.”

2. Learned GA-cum-AAG Mr. G.S. Rathore, submits that public agitation was in the public interest and public at large including the accused-respondents were agitating for several public issues relating to the condition of roads, electricity, health, and etc. Shri Rathore further submits that the agitation was for a public cause and in the interest of public at large and the accused respondents had no personal interest in the agitation. Therefore, leave to withdraw the prosecution may be granted. He further submits that according to the F.I.R., 45 named persons and 100 other unknown persons had gathered around and were agitating for public cause. He also submits that only 48 persons have been charge-sheeted and vide order dated 11.07.2018, cognizance has been taken against 48 persons for the offences under Sections 143 and 283 I.P.C and section 8(B) of National Highways Act. He contends that as per charge-sheet, there are omnibus allegations against the accused respondents. He further submits that it is not clear from the charge-sheet that what role was played by the accused persons. He also submits that offences under section 143 and 283 of IPC are of petty nature, punishable with a maximum term of 6 months. So far as offence under section 8(B) of the National Highways Act is concerned, same is not made out as there is no evidence available on record to attract the ingredients of section 8(B) of the National Highways Act. It has also been submitted that alleged offences are not related to moral turpitude or corruption charges. Finally, he prays that in the aforesaid facts and circumstances, permission for withdrawal of prosecution may be granted as by and large, prosecution requires to be withdrawn considering the fact that alleged cause of incident was entirely in the interest of public and accused persons have no personal interest in it. It has also been submitted that straightaway, no application of withdrawal of the prosecution can be filed before the trial court as Hon'ble Apex Court in the case of Ashwini Kumar Upadhyay v. Union of India and Anr. has held as under:

“In view of the law laid down by this Court, we deem it appropriate to direct that no prosecution against a sitting or former M.P./M.L.A. shall be withdrawn without the leave of the High Court in the respective suo-motu writ petitions registered in pursuance of our order dated 16.09.2020. The High Courts are requested to examine the withdrawals, whether pending or disposed of since 16.09.2020, in light of guidelines laid down by this Court.”

3. Learned Counsel for the respondent has not opposed the submissions advanced by learned GA-cum-AAG. He submits that accused respondents are/were public representatives and they are under legal and social obligations to raise the demands of public before the state authorities. They were discharging their legal and social obligations and there was no intention at all to commit any offence or to cause any hindrances in law and order.

4. I have heard and considered the submissions advanced by the respective parties and have gone through the material placed on record.

5. To decide the issue involved in this matter, it would be appropriate for this court to refer and rely upon to provisions of Section 321 of The Code of Criminal Procedure and for sake of ready reference