Won't Withdraw Till April 8: State To Karnataka HC In PIL Against GO Asking Prosecutors To Withdraw Cases Against 'Highly Influential Persons'

The Karnataka Government on Monday (March 24) told the High Court that it will not withdraw till April 8, prosecution of any of the criminal cases which are stated to be pending against highly influential persons, under Section 321 of Criminal Procedure Code.

Section 321 CrPC states that the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried.

The statement was made while hearing a PIL filed by Girish Bharadwaj questioning a government order directing public prosecutors to withdraw 43 cases against persons accused of various offences including rioting, attempt to murder in breach of Section 321 CrPC, which is stated to include highly influential persons including politicians.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind in its order recorded “Additional Government Advocate Niloufer Akbar, makes a statement that till the next date of hearing, the government will not withdraw the prosecution of any of the cases under Section 321 of CrPC”. The matter is next listed on April 8.

During the hearing today the government advocate filed a memo giving details of the cases where prosecution is withdrawn or pending. The counsel sought further time to make detailed submissions in the matter in view of the records being received only today.

Advocate Venkatesh Dalwai appearing for the petitioner submitted that it was informed earlier that Advocate General would make submission. Dalwai said that if the respondent was seeking time then they should undertake that till such time they will not withdraw prosecutions as 21 cases are still pending. Following which the government counsel gave the oral undertaking.

It is the case of petitioner that several cases have been registered with different police stations between 2008 to 2023 out of these cases 43 cases are selected to be withdrawn. These involve highly influential personalities. The prayer is to set aside an order dated 15-10-2024, passed by Competent authority.

The court had in the previous hearing while issuing notice to the government said, "Learned advocate for petitioner is prima facie justified that the government has been exerting to the prosecutors in ordering them to withdraw the cases which is clear violation of Sec 321 CrPC. When Department of Prosecution and law have opined cases are not fit for withdrawal, the state govt has exceeded its authority to pass the impugned order. A strong prima facie case is made out there shall be notice to state government returnable on March 17".

Appearing for the petitioner, advocate Venkatesh Dalwai had earlier argued, "Government has no role to play in withdrawing the cases. It is the public prosecutor who has to decide. So far as this Section (321 CrPC) is concerned, role of the State government is not contemplated so far as withdrawal of cases as held by Apex court in several cases".

Case title: Girish Bharadwaj AND State of Karnataka

Case No: WP 3817/2025