The Supreme Court was informed that the Uttar Pradesh Government
The Supreme Court was informed that the Uttar Pradesh Government has withdrawn 77 criminal cases, related to the Muzzafarnagar riots, without giving any reasons.
Ashwani Kumar Upadhyaya v. Union of India
The matter came up when Advocate Ashwini Kumar Upadhyay filed a plea in the Supreme Court seeking speedy trials in cases against MPs and MLAs by setting up special courts.
The Amicus curiae Senior Advocate Vijay Hansaria filed a report, stating that 510 criminal cases were registered in relation to the Muzaffarnagar riots of 2013. Of which, in 175 cases the charge sheet was filed, in 165 cases final reports were submitted, 170 cases were expunged. He also highlighted that many of such cases relate to offences of dacoity under section 397 I.P.C. punishable with imprisonment for life.
Further in it was reported that the Karnataka Government also withdrew 62 cases, again without assigning any reason for the same.
He suggested that withdrawal from prosecution under section 321 Cr.P.C. is permissible in the public interest and cannot be done for political considerations. In the light of law laid down by the Supreme Court in State of Kerala v. K Ajith the Top Court has directed that no prosecution against sitting or former MPs snd MLAs will be withdrawn without the permission of the High Court of the concerned state.
