Allahabad High Court Seeks Details Of UP Govt's Policy For Withdrawal Of Stale & Ineffective Criminal Cases

A bench of Justice Saurabh Lavania directed the government's Principal Secretary (Home), Director General of Prosecution, and Principal Secretary (Law) to file their responses By March 19.

The Court has passed this order while dealing with a plea moved by the accused (Madhukar Sharma), who sought quashing of the Chargesheet and summoning order (of February 11, 1994) passed by the Court of ACJM, Lucknow, as well as the entire proceedings of a rioting case.

On the previous date (January 10), the Court stayed the entire criminal proceedings in this 34-year-old case against Sharma, while taking into account the inordinate delay caused by the State/prosecution in concluding the case.

The court had also directed the Uttar Pradesh government's Director General (Prosecution) and Additional Chief Secretary (Home Department) to file their affidavits regarding the State Government's litigation policy.

Taking the said affidavits on record, the Bench, on January 30th, examined the policies formulated by the states of Assam and Himachal Pradesh for the withdrawal of stale and ineffective criminal cases. Finding it appropriate, the Court decided to seek details of any similar policy, if framed, by the Government of Uttar Pradesh.

Advocate Ali Bin Saif, assisted by Advocate Kaif Hasan, appeared for the accused applicant.