Recently, the Rajasthan High Court has given an important decision in the matter of breaking into houses, setting fire, and looting goods from houses. In 2015, the victims' families challenged the state government's decision to withdraw the case in the High Court.

In 2007, the communal atmosphere had deteriorated in the Kapasan police station area of ​​Chittorgarh district and many houses were damaged by rioters. The case was withdrawn by the state government, citing it as a matter of public interest.

This decision was challenged in the High Court. In this case, registered in 2007, orders have been given to reopen the case against 29 accused.

While holding that the State Government's decision to withdraw the prosecution in the public interest in the serious crime of rioting by being armed with deadly weapons and causing damage by entering a house and setting fire to a house, the High Court has said in an important judicial precedent that social peace And withdrawal of prosecution in a crime challenging security are not justified.

Justice Farzand Ali, while giving a detailed discussion of Section 321 of the Code of Criminal Procedure, 1973, in the 51-page important judicial precedent 'Salman vs. State of Rajasthan and others', said that on the basis of color photographs, spot maps, statements of witnesses, and independent evidence related to the incident,. But prima facie, a case is made out; in such a situation, the prosecution cannot be withdrawn by the state government without any solid basis.

He also underlined the role of the Additional Public Prosecutor in the criminal justice system and said that he should exercise discretion before presenting such an application as he is an officer appointed by the State Government as well as a court officer. Along with this, the High Court canceled the order of the State Government regarding the withdrawal of prosecution and the order of the trial court regarding the quashing of criminal proceedings in pursuance thereof and ordered resumption of trial against 29 accused.

Case Brief:

In the said matter, back in 2007, the victims' families lodged an FIR against the accused at Kapasan police station in Chittorgarh district. After an investigation, the police presented the charge sheet under sections 147, 148, 149, 435, 436, 454, and 379 of the Indian Penal Code. In the year 2015, before the charges were framed in Additional Sessions Judge No. 3 Chittorgarh, the Home Department of the State Government withdrew the prosecution in the public interest.

In connection with this, the Additional Public Prosecutor presented an application and said that the prosecution does not want to take any action. On which the court ended the case by canceling the action.

Advocates Firoz Khan and Ansar Mansoori, representing the complainant Salman, filed a monitoring petition before the High Court and said that in the year 2007, the accused had attacked several houses and burned the houses of the victims. After thorough research, the police considered the crime proven and presented the charge sheet.

In such a situation, the government cannot withdraw the prosecution arbitrarily without any reason. The trial court has also committed a serious legal error by passing an order to quash the trial mechanically without exercising its judicial discretion. The High Court said that the Constitution of India has entrusted the duty of protecting the fundamental rights of every citizen to the state government as the guardian.

Every crime challenging social peace and security is a crime committed against society, and the state, being the representative of society, takes up the responsibility of prosecuting the accused with the necessary resources for the same. This is why the state presents itself as the prosecution. In this case, the victim is the victim of an attack on his life and liberty.

In such a situation, it cannot be left without treatment. The High Court, not justifying the impugned order in the light of important judicial precedents passed by the Apex Court, quashed it and directed the trial court to start the trial again.