In a recent decision by the Rajasthan High Court, a criminal Misc. Petition was  filed under Section 482 of the Code of Criminal Procedure, 1973, by a Government Advocate-cum-AAG seeking leave to withdraw from the prosecution in a criminal case. The case involved 48 individuals charged under Sections 143 and 283 of the Indian Penal Code (IPC) and Section 8(B) of the National Highway Act, stemming from a public agitation for various civic issues. The petitioner argued that the accused, including public representatives, were agitating for a public cause and had no personal interest in the matter.

The power to withdraw a prosecution is governed by Section 321 of the Code of Criminal Procedure, requiring the consent of the court. The court must ensure that the withdrawal is in the interest of public justice and scrutinize the reasons provided by the public prosecutor. The recent guidelines from the Supreme Court laid down in the case of  State of Kerela v K. Ajith : 2021 SCC  emphasize that consent to withdrawal should be granted only if it serves the administration of justice, is in good faith, and not for illegitimate reasons.

The petitioner, Mr. G.S. Rathore, argued that the accused were agitating for public issues such as the condition of roads, electricity, and health. The petition asserted that the offenses under Sections 143 and 283 of the IPC were of a petty nature, and the charge under Section 8(B) of the National Highway Act lacked supporting evidence. Furthermore, the petitioner contended that the accused had no personal interest, and their actions were in the broader interest of the public.

After considering the submissions and the legal framework, the bench of Justice Anil Kumar Upman, granted leave for the withdrawal of prosecution. The court acknowledged that the accused were raising reasonable demands of the public and that there were no specific allegations against them in the charge sheet. The judgment highlighted the importance of citizens, including public representatives, being entitled to raise their reasonable demands through peaceful agitation.

Case: State Of Rajasthan, Through Government Advocate vs Narendra Meghwal MLA and Ors,

S.B. Criminal Miscellaneous (Petition) No. 2615/2022.

Click to read/download judgment.