Allahabad High Court
Ram Chandra Yadav vs State Of U.P. Thru. Prin. Secy. Home ... on 20 July, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- APPLICATION U/S 482 No. - 3008 of 2022 Applicant :- Ram Chandra Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Counsel for Applicant :- Amrendra Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. Heard Mr.Amrendra Nath Tripathi, learned counsel for the petitioner and Mr.Rao Narendra Singh, learned A.G.A. for the State.
2. Present petition under Section 482 Cr.P.C. has been filed against the order dated 27.10.2021 passed in Case No.8032 of 2017(Sate vs Ram Chandra and others) by the Court of Special Judge (M.P./M.L.A.)/Additional Sessions Judge, Court No.3, Faizabad arising out of Case Crime No.1015 of 2012 under Sections 147, 148, 149, 307, 323, 333, 353, 336, 504, 506, 120B, 295 IPC, 7 Criminal Law (Amendment) Ant, 3/4 Prevention of Damage to Public Property Act, Police Station Rudauli, District Faizabad.
3. Learned Special Judge M.P./M.L.A./Additional Sessions Judge, Faizabad has rejected the application for withdrawal from prosecution only on the ground that the Supreme Court while emphasizing the law laid down in the case of State of Kerala vs K. Ajith & Ors: 2021 SCC OnLine SC 510, in Ashwini Kumar Upadhyay vs Union of India and Another: 2021 SCC OnLine SC 629 has held that application for withdrawal from prosecution under Section 321 Cr.P.C. can be filed in case of sitting or former M.P./M.L.A. only with the leave of High Court in the respective Suo Moto writ petitions registered in pursuance of the order dated 16.09.2020.
4. Mr. Amrendra Nath Tripathi, learned counsel for the petitioner on the last date of listing of this petition submitted that no such Suo Moto petition is pending before the High Court and, therefore, leave could not have been obtained by the Public Prosecutor from the High Court before moving application for withdrawal from prosecution.
5. Considering the aforesaid submission, this Court vide order dated 13.07.2022 directed Senior Registrar of this Court to submit a report whether there is any such Suo Moto writ petition is pending before this Court or not.
6. In compliance of the said order, learned Senior Registrar has submitted report dated 16.07.2022 and has categorically stated that no such Suo Moto writ petition is pending before this Court.
7. As there is no Suo Moto writ petition is pending in pursuance of the direction given by the Supreme Court vide order dated 16.09.2020, leave of the High Court could not been obtained before moving application under Section 321 Cr.P.C. for withdrawal from prosecution in respect of the sitting /former M.P./M.L.As., therefore, this Court is of the considered view that ground for rejection of the application by the learned Special Court of Special Judge (M.P./M.L.A.)/Additional Sessions Judge is non existent ground inasmuch as no leave could have been obtained from the High Court as there is no such Suo Moto writ petition is pending.
8. In view thereof, present petition is allowed. Impugned order dated 27.10.2021 passed in Case No.8032 of 2017(Sate vs Ram Chandra and others) by the Court of Special Judge (M.P./M.L.A.)/Additional Sessions Judge, Court No.3, Faizabad arising out of Case Crime No.1015 of 2012 under Sections 147, 148, 149, 307, 323, 333, 353, 336, 504, 506, 120B, 295 IPC, 7 Criminal Law (Amendment) Ant, 3/4 Prevention of Damage to Public Property Act, Police Station Rudauli, District Faizabad is set aside.
9. The case is remitted back to the file of learned Special Judge (M.P./M.L.A.)/Additional Sessions Judge for reconsideration of the application filed under Section 321 Cr.P.C. for withdrawal from prosecution. Learned Special Judge (M.P./M.L.A.)/Additional Sessions Judge is directed to decide the application afersh in accordance with law after giving due opportunity to the public prosecutor and the complainant.
(Dinesh Kumar Singh, J.) Order Date :- 20.7.2022 prateek