Allahabad High Court Allows State's Plea For Withdrawal Of Criminal Case Against State Minister Mayankeshwar Sharan Singh

The Allahabad High Court has allowed the state government's application to withdraw a criminal case against Uttar Pradesh Minister of State for Health, Mayankeswar Saran Singh.

The Bench of Justice Dinesh Kumar Singh observed that when the complainant himself is not supporting the prosecution case, then there is no chance of conviction of the accused in the case and thus, withdrawal from prosecution would be in the interest of justice. 

With this, the Court allowed a revision application filed by the State Government challenging the order passed by the Special Judge/M.P./M.L.A./ VI-Additional Sessions Judge, Raebareli in 2020 wherein it had dismissed the plea moved by the Public Prosecutor for withdrawal from prosecution.

The case in brief

Essentially, the matter dates back to the year 2007, when, during the assembly elections, Mayankeshwar Sharan Singh (the then MLA and Minister) was contesting as a Samajwadi Party Candidate against his rival candidate, Bahujan Samaj Party's Dinesh Pratap Singh.

A supporter of Dinesh had lodged an FIR against Mayankeshwar and about 20 of his people under Sections 147, 148, 149, 307, 436, 397, 395, 323, 504, 506, 427 IPC and 2(3) U.P. Gangsters and Anti-Social Activities (Prevention) Act alleging that he along with 20-25 people had sprinkled petrol on the house of the complainant and set it on fire

After an investigation into the case, the police filed the charge sheet, upon which the court summoned all the accused after taking cognizance on July 13, 2009. However, in 2019, the state government decided to withdraw the case, but, PP's application filed under Section 321 CrPC [Withdrawal from prosecution] was dismissed by the MP MLA Court.

Court's observations

At the outset, the Court noted that the Public Prosecutor had filed the application under Section 321 Cr.P.C. in good faith after careful consideration of the material available on record.

The Court also noted that the FIR in the instant matter got registered because of political rivalry and that, later on, the complainant himself had submitted an application before the trial Court that he had no objection if the application is allowed, and his earlier objection on application under Section 321 Cr.P.C. for withdrawal from prosecution be ignored.

In view of this, observing that it would be appropriate to allow the application for withdrawal from prosecution, the Court remarked thus:

"The Court is required to consider whether withdrawal from prosecution would further cause of justice or not and whether it would be in the public interest to allow the withdrawal from prosecution. When the complainant himself is not supporting the prosecution case, this Court is of the view that there is no chance of conviction of the accused in the case. The case has been remained pending since 2007 and continuance of trial would be nothing but a futile exercise and Court's precious time would get wasted for futile exercise, if the application for withdrawal from prosecution is not allowed."

In view thereof, the Court said that the view taken by the Special Judge does not appear to be the correct view, and therefore, allowing the revision, the Court also allowed the application for withdrawal from prosecution.

Case title - State of U.P. v. The Court Of Spl. Judge M.P./M.L.A./A.S.J.VI raebareli And ors [CRIMINAL REVISION No. - 12 of 2021]

Case Citation: 2022 LiveLaw (AB) 323

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