Supreme Court Stays Trial Against Former Samajwadi Party MP in 2007 Arms Case
The Supreme Court on Thursday stayed the trial proceedings in a 2007 arms case against former Mirzapur MP and Samajwadi Party leader, Bal Kumar Patel, who has alleged political vendetta behind the criminal prosecution.
The Bench of Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta issued notice to the State of Uttar Pradesh and directed that further proceedings in the case, now pending before the 4th Additional Chief Judicial Magistrate, Raebareli, be stayed for four weeks.
The Court permitted service of notice through the standing counsel for the respondent-state.
“Issue notice, returnable within four weeks. Notice is permitted to be served on the standing counsel for the respondent-State of Uttar Pradesh. In the meantime, further proceedings in Case No.3072 of 2007 (now renumbered as Criminal Case No.1621 of 2022) arising out of Case Crime No.656 of 2007 pending before the Trial Court/4th Additional Chief Judicial Magistrate, Raebareli, shall remain stayed,” the Court said in its order dated May 1.
The Court passed the order while hearing Patel’s Special Leave Petition (SLP) challenging an April 7, 2025, judgment of the Allahabad High Court, which had declined to quash the criminal case and refused to allow the state to withdraw prosecution in the matter.
Appearing for Patel, Senior Advocate Nikhil Goel and AoR Rohit Amit Sthalekar contended that the case was politically motivated and had been used to “harass the petitioner and tarnish his political career.”
When Justice Vikram Nath inquired about the petitioner’s political affiliation, Sthalekar responded, “I am a former MP. I am in the Samajwadi Party.”
Following this, the Bench directed issuance of notice and granted interim protection by staying the trial proceedings.
Background
The case stems from an FIR registered on June 12, 2007, under various provisions of the Arms Act, 1959. The FIR alleged that Patel had obtained an arms licence using forged documents and possessed ammunition beyond permissible limits. A chargesheet was later filed in the matter.
Patel’s plea before the Supreme Court terms the FIR “vexatious and frivolous” and contends that he has consistently been targeted during his political career through multiple baseless complaints, in which he was ultimately exonerated. “Petitioner is a former Member of Parliament from District Mirzapur and is a well-respected and accomplished politician. Due to political rivalry, numerous frivolous and vexatious complaints came to be registered against him during his political career,” the petition states.
Significantly, the plea highlights that a 2012 decision of the District Magistrate had reinstated Patel’s firearm licence after ruling out any wrongdoing. Further, a Government Order (GO) dated August 6, 2014, had authorised the Public Prosecutor to seek withdrawal of the prosecution in public interest.
However, in October 2021, the trial court rejected the withdrawal application filed by the public prosecutor. The court cited a 2021 judgment of the Supreme Court which required that any move to withdraw criminal proceedings against Members of Parliament or Members of Legislative Assemblies must receive prior approval from the concerned High Court.
The Allahabad High Court, in its April 2025 ruling, dismissed Patel’s plea on the ground that the state had failed to seek the High Court’s permission to withdraw the case, indicating a lack of intent to discontinue the prosecution. The court also held that the petitioner could not compel the state government to seek withdrawal.
Case Title: Bal Kumar Patel @Raj Kumar v. State of UP