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Court acknowledged that the Public Prosecutor's decision to withdraw prosecution was grounded in cogent reasons, emphasizing that persisting with prosecution would constitute an abuse of the legal process
The Allahabad High Court's Lucknow bench has sent a case back to the special MP-MLA court, directing it to issue a fresh order regarding the state government's plea to withdraw prosecution against MLA Raghuraj Pratap Singh (Raja Bhaiya), MLC Akshay Pratap Singh, and others in a kidnapping and attempt to murder case. The decision was made by the bench of Justice Subhash Vidyarthi on a petition filed under section 482 of CrPC.
The petitioners, challenging the special court's March 17, 2023, order rejecting the state's plea under Section 321 CrPC to withdraw the case, contended that they were implicated for political reasons during the BSP regime in 2010. Despite the Samajwadi Party government's attempt to withdraw the case on March 4, 2014, the special court deemed the offences serious and denied the withdrawal, citing a lack of public interest.
In its order dated March 1, 2024, the high court emphasized that there was insufficient compelling evidence for the prosecution to succeed, stating that the continued prosecution would be an abuse of the legal process. The bench also noted that even the complainant, BSP leader Manoj Shukla, supported the withdrawal of prosecution, and the Public Prosecutor's decision to withdraw the case was justified based on weaknesses and discrepancies in the prosecution case.
"The decision taken by the Public Prosecutor to withdraw the prosecution keeping in view the aforesaid weaknesses and discrepancies in the prosecution case is based on cogent. The continuance of prosecution against the persons against whom it has been sought to be withdrawn, will clearly result in an abuse of the process of law," the bench noted.
An FIR was filed on December 19, 2010, at Kunda Police in Pratapgarh, following a complaint by Shukla. The case was registered under Sections 395/397/307/364/323/325/504/506/427/34 of the Indian Penal Code & Section 7 of the Criminal Law Amendment Act. The state government sought withdrawal on March 4, 2014. Raja Bhaiya, the president of the Jansatta Dal Loktantrik party formed in 2018, is a key figure in the case.
Case Title: Akshay Pratap Singh @ Gopalji And Others v. State of UP and connected matters
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