Allahabad High Court Allows Withdrawal of Criminal Case Against UP Minister Sanjay Kumar Nishad

The Allahabad High Court has allowed the withdrawal of a criminal case against Uttar Pradesh minister Sanjay Kumar Nishad registered in Gorakhpur district in 2015 for a demonstration on railway tracks.

The Allahabad High Court has permitted the withdrawal of a criminal case registered against Uttar Pradesh minister Sanjay Kumar Nishad in 2015 for a demonstration on railway tracks in Gorakhpur district. Justice Raj Beer Singh, while allowing a criminal revision filed by the state government on Wednesday, set aside the order of the additional chief judicial magistrate of Gorakhpur dated September 29, 2023, rejecting the state's application filed through the public prosecutor for the withdrawal of the criminal case against Nishad.

High Court's Observations

The high court, while considering the nature of accusations and the facts of the matter, opined that a case for the withdrawal of the impugned prosecution was made out. The court further noted that the public prosecutor had applied his mind independently and exercised his discretion in accordance with the law.

Background of the Case

The criminal case against Nishad was registered under Section 174 of the Railway Act at the RPF police station in Gorakhpur. It was alleged that Nishad, along with several individuals belonging to the Nishad community, held a demonstration on railway tracks on June 7, 2015, disrupting railway traffic between Maghar and Sahjanwa.

The trial court had earlier rejected the application moved by the public prosecutor for the withdrawal of the case, primarily on the ground that the apex court had laid down the law that no prosecution against a sitting or former MP or legislator shall be withdrawn without the permission of the high court. However, in this case, no such leave of the high court was obtained.

Government's Contention

The government counsels, however, contended that the high court had granted leave to the state to withdraw the case through an order on March 21, 2023.

With the Allahabad High Court's decision to allow the withdrawal of the criminal case against Sanjay Kumar Nishad, the matter comes to a close. The court's observations regarding the nature of accusations and the independent application of mind by the public prosecutor provide important insights into the principles governing the withdrawal of criminal prosecutions.