Allahabad HC dismisses appeal seeking SC/ST case withdrawal

Prayagraj, Dec 23 (PTI) The Allahabad High Court has dismissed an appeal challenging a trial court order that had rejected an application seeking withdrawal of prosecution against some accused in a case lodged under the SC/ST Act.

Dismissing the appeal filed by Chhote Lal Kushwaha and three others, Justice Shekhar Kumar Yadav observed, "The learned Special Judge has meticulously examined the FIR, the statements recorded under Section 161 CrPC, and other material indicating cheating and caste-based abuses." The bench added, "A mere expression of intention by the state government for withdrawal of prosecution case does not bind the court nor dilute the statutory requirement of independent scrutiny by both the public prosecutor and the court, particularly in prosecutions under the SC/ST Act." "In State of Bihar vs. Ram Naresh Pandey case, the Supreme Court held that withdrawal under Section 321 CrPC is permissible only where the public prosecutor acts independently and in good faith and the court must ensure that the withdrawal is in public interest and not to shield the accused," the judge said.

In the present case, the public prosecutor on the basis of a communication dated January 5, 2024 from the state government, filed an application under Section 321 CrPC seeking withdrawal of prosecution on the ground that the case did not warrant further continuation.

According to facts of the case, an application under Section 156(3) CrPC was moved that the complainant paid Rs 80,000 to appellant Chhote Lal for arranging a visa and employment in Qatar for her husband. A visa valid up to February 23, 2019 was allegedly handed over on January 1, 2019.

The complainant alleged that the visa was not usable and that despite repeated demands, her money was not returned. Panchayat proceedings dated January 31, 2019 and an alleged written undertaking by the appellant to provide a fresh visa were also referred to.

It was further alleged that on May 8, 2020, when the complainant approached the appellants demanding return of her money, she was subjected to caste-indicating abuses and criminal intimidation by Chhote Lal and his family members.

The investigating officer filed a charge sheet against the appellants for the offence of cheating, criminal breach of trust, insult, criminal intimidation etc. apart from SC/ST Act.

Considering the fact that the sessions trial is pending since 2020 and is waiting its logical conclusion, the court directed that it is expected that the trial court shall conclude the trial proceedings preferably within a period of six months. PTI COR RAJ ZMN