Supreme Court: High Court Approval Must for Withdrawing Cases Against MPs and MLAs
The Supreme Court held that for withdrawing prosecution against sitting or former MPs/MLAs, the State must seek the High Court's permission under the mandate of Ashwini Kumar Upadhyay. The Public Prosecutor must disclose all reasons for seeking withdrawal, enabling the High Court to apply its judicial mind and pass a reasoned order.
Facts Of The Case:
The appellant, Bal Kumar Patel @ Raj Kumar, was the subject of multiple First Information Reports (FIRs) registered in June 2007 at Police Station Kotwali Nagar, Raebareli. These included Case Crime No. 656/07 and others under Sections 25, 27, 30 of the Arms Act, as well as Sections 420, 467, 468, and 471 of the Indian Penal Code concerning an arms license. Following investigation, a chargesheet was filed, and the Chief Judicial Magistrate,...