Ballia (UP), Jan 9 (PTI) A court here has discharged Uttar Pradesh Minister of State for Transport Dayashankar Singh and 13 other accused in a 10-year-old case of flouting prohibitory orders after accepting the state government's decision to withdraw the prosecution.
According to the prosecution, the case was registered at Ballia City Kotwali police station on September 9, 2015, on the complaint of sub-inspector Satyendra Rai under Section 188 (disregard of official directives) of the Indian Penal Code (IPC) against Singh, Nagendra Pandey and 17 named persons, besides 100 to 150 unidentified people.
The accused were charged with blocking traffic and disrupting movement on Malgodam Road in the city area by staging a road blockade despite prohibitory orders under Section 144 being in force.
Prosecution officer Veerpal Singh said the governor had granted permission to move an application in court for withdrawal of the case, following which the plea was filed.
Special Judicial Magistrate Anil Kumar Mishra observed in his order on Wednesday that the prosecution, in its application, had pointed out shortcomings in the case and stated that the chances of its success appeared weak. The court also noted that the incident involved a protest and demonstration during the alleged offence, Singh said.
The court further observed that no specific individual had suffered any loss or damage in the incident and that the state government had instituted the process for withdrawal of the case, he said.
Considering the facts and circumstances, the court held that allowing the prosecution to withdraw the case was justified, he added.
Accepting the application, the magistrate ordered the case to be withdrawn in accordance with law and discharged Singh, Pandey and 13 other accused, as charges had not been framed in the matter, the lawyer said. PTI COR KIS DV DV
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