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2026 Supreme(Online)(Chh) 10622
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
IN RE. DESIGNATED COURTS FOR MPS/MLAS – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC No. 1509 of 2022
Advocates:
For the Appellants/Petitioners: N.K.Shukla, Arjit Tiwari
For the Respondents: Vivek Sharma, Nitansh Jaiswal
For the Appellants/Petitioners: N.K.Shukla, Arjit Tiwari
For the Respondents: Vivek Sharma, Nitansh Jaiswal
The withdrawal of criminal prosecution against sitting or former MPs/MLAs under Section 321 of the Cr.P.C. or Section 360 of the B.N.S.S. requires the express leave of the High Court and must be exercised in good faith without the intent to thwart the process of law.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 321 - Bharatiya Nagrik Suraksha Sanhita, 2023 - Section 360 - Withdrawal of prosecution against MPs/MLAs - Requirement of High Court leave - Guidelines laid down by Supreme Court in Ashwini Kumar Upadhyay v. Union of India - Withdrawal cannot be mechanical; must be in good faith and in the interest of justice. (Paras 6, 7, 8)
Facts of the case:
The High Court sought status reports on pending criminal cases against Members of Parliament and Legislative Assemblies in the State. The State government moved applications to withdraw from prosecution in specific criminal cases pending before lower courts.
Findings of Court:
The Court, upon review, held that the proposals for withdrawal were made upon due consideration and did not appear mala fide; leave was granted for the State to proceed with withdrawal applications before the trial Magistrates in accordance with law and the guidelines established by the Apex Court.
Issues: Whether the Court should grant leave to the State to withdraw from prosecution in cases against legislators and what criteria must the trial courts apply when considering such withdrawal.
Ratio Decidendi: Withdrawal of prosecution under Section 321 CrPC or Section 360 BNSS requires judicial consent; the court must ensure the public prosecutor has applied an independent mind, the request is in the interest of public justice, and it is not an attempt to stifle the legal process.
Result: Applications for withdrawal granted and trial courts directed to decide pending withdrawal pleas on merits.
| Table of Content |
|---|
| 1. status of criminal proceedings against elected representatives. (Para 7) |
| 2. judicial standards for permitting withdrawal of prosecution under crpc and bnss. (Para 8) |
22/04/2026
Dr. N.K.Shukla, learned Senior Advocate assisted by Mr. Arjit Tiwari, (through Video Conferencing) appears as Amicus Curiae, Mr. Vivek Sharma, learned Advocate General assisted by Mr. Nitansh Jaiswal, Government Advocate for the State/respondents.
Pursuant to the order dated 17.03.2026 passed by this Court, the Registrar (Judicial) of this Court has submitted the current status report of the respective trials, which are stated to be pending. The details are as under:
Updated Status Report of pending MPs/MLAs cases for the Month of March, 2026
| Sr. | Name of District | Name of the Court | Case No. | Party Name | Sections | Status Report received from the concern Court |
|---|---|---|---|---|---|---|
| 1 | Balodabazar | 3rd ADJ Balodabazar | Criminal case No.2818/2024 | State Vs Kishore | Section 153(A) | Fixed for 17.04.2026 |
| and 39/2025 | Navrange & Ors. (Devendra Yadav (MLA) | 505(1), 153(1)(B), 505(1) (C), 109,120(B),147, 148, 186, 353,332 333,307, 435, 436, 341, 427 IPC & 3,, 4 PDPP Act | ||||
| CJM, Balodabazar | Criminal case No.1354/2024 | State Vs Pramod Sharma + 11 Others (Former MLA) | Section 186,353,294, 427,332, 34 IPC | Fixed for 12.05.2026 | ||
| 2 | Janjgir-Champa | CJ.M. Janjgir | Criminal case No.116/2025 | State of C.G. Vs. Vedprakash Sahu & + 7 others, accused Baleshwar Sahu | Section 147, 294,452,323, U/s 149,427 IPC | vfHk;k stu lk{; gsrq |
| CJ.M, Janjgir | Criminal case No.34/2026 | State of C.G. Vs. Gautam Rathore & anr, . accused Baleshwar Sahu | Section 420,647, 468,471, 34 IPC | vfHk;k stu lk{; gsrq | ||
| 3 | Kabirdham (Kawardha) | CJM, Kawardha | Criminal Case No. 135/2022 | State of C.G. Vs. Ashok Kumar Sahu & Ors. | 147, 148, 149, 109, 353, 332, 153(A), 186, 188, 295, 427, 120(B), 144, 152, 440, 452, 455, 295(K) | For the evidence date 22/04/2026 |
| IPC & 3 Prevention of Damage Property Act | ||||||
| CJM, Kawardha | 1592/2025 (Old No.456/2021) | State of C.G. Vs. Vijay Sharma & Ors. | U/s 147, 186, 353, 447 IPC & 3 Prevention of Damage Property Act | Disposed on 28/03/2026 | ||
| 4 | Raipur | 1. 1st District & Additional Session Judge Raipur | A.C.B.Special Case No.01/2024 | State Vs. Arunpati Tripathi & Others (Sitting MLA Kawasi Lakma) | 420,467,, 468, 471, 120 B IPC and U/S 7 & 12 Prevention of corruption Act 1988, amendment Act 2018 | Fixed for 04.05/2026 |
| 2. Special Judge (Prevention of Money loundering Act ) Raipur | ED 03/2023 | ED Vs. 1. Devendra Singh Yadav 2. Chandradev Prasad Roi | 3, 4 Prevention of Money Laundering Act, 2002 | Fixed for 25.04.2026 | ||
| 3. Special Judge (Prevention of Money loundering Act ) Raipur | ED 05/2024 | ED Vs Kawashi Lakhma | 3, 4 Prevention of Money Laundering Act, 2002 | Fixed for 02.04.2026 | ||
| 4. Chief Judicial Magistrate, Raipur(C.G.) | Criminal Case No.22283/ 2013 | State of Chhattisgarh Vs.Sanjeev Shukla & Devendra Yadav | 147, 188, 353, 332, 186(149) IPC | Fixed for 06/04/2026 | ||
| 5. Chief Judicial Magistrate Raipur (C.G.) | Criminal Case No. 4819/2018 | State of Chhattisgarh Vs. Deman Prasad and other Smt. Udheswari Paikra | IPC | 10.04.2026 | ||
| 6. Chief Judicial Magistrate, Raipur(C.G.) | Criminal Case No. 4884/2018 | State of Chhattisgarh Vs.. Akash Sharma and other | 353, 186. 332, 427, 147, IPC | Fixed for 13.04.2026 | ||
| 7, 3rd Additional Judge Raipur to the Court of 1st Civil Judge, Senior Class, Raipur | Special Criminal Case No.5465/2018 | C.B.I. Vs Kailash Murarka & Others(Kailash Murarka, Vinod Verma, Bhupesh Baghel Vijay Bhatiya) | 120 B, r/w 469, 471 IPC & 67-A IT Act | Fixed for 02/04/2026 | ||
| 8. Chief Judicial Magistrate Gariyaband (C.G.) | Criminal Case No. 666/2025 | State of Chhattisgarh Vs. Damrudhar Pujari and other (Ex MLA) | 341,147, IPC | Fixed for 01.04.2026 | ||
| 9. Chief Judicial Magistrate Gariyaban(C.G.) | Criminal Case No. 667/2025 | State of Chhattisgarh Vs.. Govardhan Manjhi and other (Ex MLA) | 341,147, IPC | Fixed for 01.04.2026 | ||
| 10 .Additional Civil Judge, Class 1, Rajim, Gariyaband to the Court of Civil Judge Class - | ||||||
