The Lucknow Bench of the Allahabad High Court has quashed the criminal case against Minister of State in the UP government Dinesh Pratap Singh in Rae Bareli district.
A Single Bench of Justice Dinesh Kumar Singh passed this order while hearing an application under Section 482 filed by Dinesh Pratap Singh.
A Single Bench of Justice Dinesh Kumar Singh passed this order while hearing an application under section 482 filed by Dinesh Pratap Singh.
The petition under Section 482 CrPC has been filed seeking quashing of the proceedings of Criminal Case pending in the Court of ACJM-II (Madhya), Raebareli as well as charge sheet filed in Case under Sections 147, 148, 323, 504, 506 IPC, Police Station Dalmau, District Rae Bareli.
Earlier, the petitioner was in Congress party, and is a political activist and has been Member of Legislative Council for 3 consecutive times. At present, he is a Minister in the present BJP Government.
The FIR came to be registered against the petitioner and 7-8 unknown persons on a written complaint of one Rajesh Kumar Yadav, complainant resident of Pure Bhawani, Deen Majre Korauli Dama Thana alleging that the petitioner on 03.08.2021 at around 3 pm along with 7-8 unknown persons came to the village of the complainant for inauguration of CC road.
It is said that the petitioner started abusing local Gram Pradhan, Ram Harsh Yadav and District Panchayat Member, Rajendra Yadav over loudspeakers.
It was also said that he used unparliamentary words for the then Chief Minister.
Further allegation is that he abused the Samajwadi Party as well. On commotion and noise, when people got collected, persons accompanying the petitioner started assaulting females and children by butt of firearms, which they were carrying. The petitioner fired at the complainant with an intention to kill him, however, he could save himself.
It is further said that the petitioner and other accomplices entered the house of the complainant and assaulted the females and other members of the family. The police investigated the offence and filed a charge sheet only under Sections 147, 148, 323, 504, 506 IPC.
The Government granted permission vide order dated 06.03.2020 to the Public Prosecutor for withdrawing from prosecution of the proceedings arising out of Case Crime against the petitioner. Said application is still pending for consideration before the concerned court.
Radhika Singh, holding brief of Sharad Pathak, counsel for the petitioner submitted that the FIR in question got registered against the petitioner as he did not agree to join Samajwadi Party, which was in power at the relevant time despite undue pressure put on him for leaving Congress party and joining Samajwadi Party. Several false and motivated FIRs /criminal proceedings have been lodged against the petitioner on behest of the then Government.
It is submitted that the complainant was a Member of Samajwadi Party, and the FIR in question got registered on false and concocted allegations. The petitioner has no criminal antecedents. He enjoys a clean image in politics, and he has been falsely implicated.
Considering the falsehood of the criminal proceedings, the Government itself has decided to withdraw from prosecution as is evident from the order dated March 6, 2020 granting permission to the public prosecutor to withdraw from prosecution in the aforesaid offence.
It is also submitted that continuance of the proceedings are nothing but misuse of the process of the Court and in fact to some extent abuse of the process of the Court, and interest of justice would meet, if the proceedings are quashed to prevent harassment and further misuse of the process of the court.
On the other hand, Rao Narendra Singh, A.G.A opposes the petition but does not dispute the fact that the Government itself has granted permission to withdraw from prosecution and an application for withdrawal from prosecution has been filed by the public prosecutor before the court concerned, which is still pending for consideration.
The Court noted that the FIR in question was registered for offences under Sections 354, 395, 452 and 307 IPC. Police, however, did not believe in the prosecution story completely as set up in the FIR and could not collect any evidence to support the allegation for offences under Sections 395 and 307 IPC. None of the offences which were mentioned in the FIR could be substantiated by evidence and the charge-sheet came to be filed for minor offences under Sections 147, 148, 323, 504, 506 IPC.
“The petitioner is a political activist and 3 times Member of the Legislative Council. Once the State itself has decided to withdraw from prosecution, continuance of the proceedings against the petitioner keeping in mind, allegations in the FIR, which had been found to be false in the investigation carried out by the police, would be an abuse of the process of the Court, therefore, the Court in exercise of its power under Section 482 CrPC quashes proceedings against the petitioner being proceedings of Criminal Case pending in the Court of ACJM-II (Madhya), Raebareli as well as charge-sheet filed in Case under Sections 147, 148, 323, 504, 506 IPC, Police Station Dalmau, District Raebareli”, the order reads.