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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
State of Rajasthan – Appellant
Versus
Bhawani Singh Rajawat S/o Kishore Singh – Respondent S.B. Criminal Miscellaneous (Petition) Nos. 6829, 6830 of 2025 – Respondent
ORDER :
1. All these misc. petitions are being decided by this common order since identical question of law and facts are involved in all these misc. petitions, seeking leave of this Court for withdrawal of the case pending before the Trial Court, pursuant to the guidelines framed by the Apex Court in the case of Ashwini Kumar Upadhyay vs. Union of India and Anr. 2021 (20) SCC 599 , as the same pertain to withdrawal of prosecution in the matters involving former/sitting MLA.
2. Learned Government Advocate-cum-Additional Advocate General submits that the petty nature of allegations have been levelled against the petitioners in the respective FIRs registered against them, as the respondents were raising peaceful protest for the benefit of the public at large. Counsel submits that considering all the facts and circumstances of the case, the High Powered Committee of the Government of Rajasthan has taken a decision to withdraw the prosecution qua the respondents herein, vide orders dated 07.07.2025 and 02.07.2025 respectively. Counsel submits that now, the State is not willing to prosecute the respondents in FIR No.227/2011 registered with the Police Station Sultanpur, District Kota Ru
Withdrawal of prosecution under Section 321 Cr.P.C. requires court's consent, ensuring genuine public interest and good faith without disturbance to public order.
Withdrawal of prosecution under Section 321 of CrPC is permissible when it serves public interest and allegations are not substantial.
Withdrawal of prosecution under Section 321 CrPC is justified when the offence is trivial, the accused show reformation, and public interest is served.
The Public Prosecutor's discretion to withdraw from the prosecution under Section 321 Cr.P.C must be exercised in the interest of justice.
Public Prosecutor must provide reasons for withdrawing prosecution, ensuring it serves public interest and justice, particularly in cases with significant criminal histories.
The Public Prosecutor must independently exercise discretion in case withdrawals under Section 321 CrPC, free from governmental or political influence, to uphold the rule of law.
Prosecutors must exercise independent judgment when seeking consent to withdraw charges, failing which may undermine public justice and judicial processes.
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