Allahabad HC Allows Public Prosecutor's Application For 'Withdrawal From Prosecution' Against Lone BSP MLA In UP In A Cheating Case

The Allahabad High Court on Tuesday allowed an application of the Public Prosecutor's application for 'Withdrawal From Prosecution' as provided under Section 321 CrPC against the lone Bahujan Samaj Party MLA in Uttar Pradesh, Umashankar Singh in connection with a cheating case.

The Bench of Justice Dinesh Kumar Singh noted that the concerned Public Prosecutor had not only considered the facts and circumstances of the case but also considered the evidence in a fair detailed manner.

The bench also noted that PP had applied his independent mind to come to the conclusion that continuation of the proceedings against the petitioners (including Umashankar Singh) would not be in the public interest and withdrawal from prosecution would further cause justice.

With this, the Court set aside the order of the Additional District and Sessions Judge, Ballia rejecting the Application of the Public Prosecutor filed under Section 321 CrPC in connection with a case registered against Singh and 10 others under Sections 406, 409, 419, 420, 467, 468 and 471 IPC and Section 13(1) (c) and 13(2) of Prevention of Corruption Act.

Essentially, the case in question was registered against Singh and others for the alleged fraudulent withdrawal of money from a bank account. The CBCID, after investigating the offence, filed a charge sheet upon which cognizance was taken and the petitioners were summoned to face the trial. The petitioners obtained bail from the learned trial court itself.

However, thereafter, the complainant and the accused named in the FIR, settled the dispute amicably and the complainant gave an affidavit in the trial court stating that he would not have any objection if the application under Section 321 Cr.P.C. for withdrawal from prosecution of the petitioners is allowed.

Pursuant to this, the Public Prosecutor moved an application under Section 321 in the court of Special Judge, MP/MLA, Allahabad on 9.6.2020 praying for withdrawal from prosecution of the petitioners in the said case.

In its order, the trial court held that the matter appeared to be serious in nature, and the Public Prosecutor had not applied his independent mind while moving the application and had merely said in the application that the Government had taken a decision to withdraw from the prosecution. Challenging this order, the petitioners moved to the High Court.

At the outset, the Court noted that the dispute between the parties was personal in nature and the offence was allegedly committed in the year 2008 and to date charge has not been framed.

The Court also noted that the complainant himself had given an affidavit before the learned trial court in support of the application for withdrawal from prosecution.

Further, the Court noted that the Apex Court had held in various cases that the criminal proceedings which are the result of personal/private disputes can be quashed by the High Court in the exercise of its powers under Section 482 CrPC if the parties have arrived at a compromise.

Against this backdrop, the Court set aside the order of the Additional District and Sessions Judge, Ballia, and allowed the application filed by the Public Prosecutor under Section 321 Cr.P.C. for withdrawal from prosecution.

Appearances

Counsel for Applicant: Ashok Kumar Pandey

Counsel for Opposite Party: G.A.

Case title - Uma Shankar Singh And 10 Others vs. State of U.P. [APPLICATION U/S 482 No. - 2704 of 2023]

Case Citation: 2023 LiveLaw (AB) 52

Click Here To Read/Download Order