IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3324 OF 2025 IN SUO MOTU WRIT PETITION NO.1 OF 2022 State of Maharashtra ... Applicant versus High Court on its Own Motion … Respondent SWAROOP WITH SHARAD INTERIM APPLICATION NO.3328 OF 2025 PHADKE IN Digitally signed by SWAROOP SHARAD PHADKE SUO MOTU WRIT PETITION NO.1 OF 2022 Date: 2025.10.08 15:10:09 +0530 State of Maharashtra ... Applicant versus High Court on its Own Motion … Respondent Mrs. M.M.Deshmukh, Public Prosecutor with Mr. A.R.Patil, Addl. Public Prosecutor, for State.

CORAM: SHREE CHANDRASHEKHAR, CJ &

N.J.JAMADAR, J.

DATE : 29 SEPTEMBER 2025 Per, N.J.Jamadar, J. :

1. Heard the learned Counsel for the parties.

2. This Special Bench has been constituted pursuant to the directions of the Supreme Court in Writ Petition (Civil) No.699 of 2016 in an order dated 10 August 2021, dealing with the issue of withdrawal of criminal cases pending against the legislators by the State for extraneous and political considerations, by utilizing the power under Section 321 of the Code of Criminal Procedure, 1973. The Supreme Court emphasised that the said power under Section 321 was required to be exercised with utmost good faith to serve the larger public interest. The Supreme Court directed, inter alia, that no prosecution against the sitting or former MP/MLA shall be withdrawn without the leave of the High Court.

3. These Interim Applications are preferred by the State seeking leave to withdraw the prosecution (i) CC No.19644 of 2021 arising out of C.R.No.535 of 2020 registered with Sadar Police Station, Nagpur City, for the offences punishable under Sections 188 and 269 of Indian Penal Code, 1860 and Section 51 of the Disaster Management Act, 2005; (IA No.3324 of 2025) (ii) CC No.3540 of 2020 arising out of C.R.No.42 of 2017 registered with Sadar Police Station, Nagpur City, for the offences punishable under Sections 143, 147, 149, 341, 353, 332 of Indian Penal Code and Section 135 of the Maharashtra Police Act, 1951 (IA No.3328 of 2025).

In IA No.3324 of 2025

4. The indictment against the accused, including accused No.1, who was then a Member of the Maharashtra Legislative Assembly, is that, on 22 December 2020 between 1.00 to 1.15 p.m., at the office of the Zilla Parishad, Nagpur, in connection with the demand to restart the construction of the Public Health Sub-Centre at Mauje Borkhedi, Nagpur, which was stalled, the accused in disobedience of the orders issued by the public servant, staged an agitation and raised slogans. Though Covid-19 restrictions were in force, the accused assembled at the public place unlawfully and held the agitation which they knew or had reason to believe to be likely to spread the infectious disease, and thereby committed the offences punishable under Sections 188 and 269 of the Indian Penal Code and Section 51 of the Diaster Management Act, 2005.

5. In this Application, it is averred that the proposal to withdraw the prosecution was placed before the Committee constituted by the State Government. The Committee, in its meeting held on 18 February 2023, has recommended the withdrawal of the prosecution. The Public Prosecutor who is entrusted with Criminal Case No.19644 of 2021 has submitted a report that the incident in question took place in course of the social agitation and there was neither any loss of life or damage to public property.

6. We have perused the documents annexed with the Application. We have considered the nature of the allegations as well as the gravity of the offences. Prima facie, it appears that the alleged offences have their genesis in the agitation for a public cause of construction of a Public Health Sub- Centre. We find that the Committee constituted by the State Government has examined the case in the light of the parameters framed under the Government Resolution. The Committee has noted that there was no loss of life or damage to the public property. The decision of the Committee t