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Karnataka High Court Seeks Info About Criminal Cases Against MP/MLAs In Which Govt Has Filed Withdrawal Application U/S 321 CrPC

Mustafa Plumber
7 March 2022 9:45 AM GMT
Karnataka High Court Seeks Info About Criminal Cases Against MP/MLAs In Which Govt Has Filed Withdrawal Application U/S 321 CrPC
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The Karnataka High Court on Saturday directed its Registrar General to furnish fresh information regarding the cases in which the State Government has filed application under Section 321 of Cr.P.C, for withdrawing cases against Member of Parliament, Member of Legislative Assembly/Council.A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar also called for...

The Karnataka High Court on Saturday directed its Registrar General to furnish fresh information regarding the cases in which the State Government has filed application under Section 321 of Cr.P.C, for withdrawing cases against Member of Parliament, Member of Legislative Assembly/Council.

A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar also called for records of four cases involving MP Prathap Simha and MLA M P Renukacharya, that were withdrawn by the Government in 2020. The case against Simha, stood withdrawn on October 19, 2020, while three cases against the MLA Renukacharya, came to be withdrawn by order dated November 19, 2020.

The direction followed after amicus curiae, Senior Advocate Aditya Sondhi informed the court that the State Government has informed by the affidavit dated 22.10.2021, that all information is gathered regarding withdrawal of the cases registered against MLAs, MLCs, MPs and Ministers from 16.09.2020 till date. It was found that four cases were withdrawn after 16.09.2020 till date.

Sondhi, while referring to the Supreme Court order dated August 10, 2021, wherein it has directed that no prosecution against sitting or former MPs and MLAs will be withdrawn without the permission of the High Court of the concerned state, said,

"The memo dated 30.11.2021 submitted by the Registrar General only provides information of the number of cases moved and withdrawn by the State Government after 16.09.2020. The memo does not disclose information regarding the application filed by the State Government under Section 321 of Cr.P.C. that are still pending disposal before the Special Courts."

Hearing this, the Bench observed,

"The statistical information furnished by the Registrar (Review & Statistics) does not appear to be proper and sufficient, particularly relating to withdrawal of cases by the State Government exercising power under Section 321 of Cr.P.C. or with respect to the cases where the application under Section 321 of Cr.P.C. is pending."

Following which the court directed summoning of records of all the four cases whose details are noted in the order. It also directed the Registrar General to furnish fresh information regarding the cases in which the State Government has filed applications under Section 321 of Cr.P.C. that are still pending disposal before the Special Courts on or after 16.09.2020.

The direction was given during the hearing of a suo-motu petition initiated in view of the directions issued by the Supreme Court asking the Chief Justices of the High Courts to formulate an action plan to rationalise the disposal of criminal cases pending against legislators.

Case Title: High Court Of Karnataka v. The State Of Karnataka

Case No: WP 10240/2020

Date of Order: March 5, 2022

Click Here To Read/Download Order


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