Karnataka High Court Sets Aside Govt Order Directing Withdrawal Of 43 Criminal Cases Against 'Highly Influential Persons'

The Karnataka High Court on Thursday set aside the Government order, directing public prosecutors to withdraw 43 criminal cases registered/pending against persons accused of various offences including rioting, attempt to murder, stated to include highly influential persons including politicians, in breach of Section 321 of Criminal Procedure Code.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind while pronouncing its order said “Petition is allowed Government Order, dated 15-10-2024, is hereby set aside, it is declared that the order shall stand non-est since inception, consequences in law will follow.” The detailed order will be made available in due course.

The order was passed while allowing the public interest litigation filed by Girish Bharadwaj questioning a government order.

Section 321 CrPC states that the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried.

Advocate Venkatesh Dalwai appearing for the petitioner had argued, "Government has no role to play in withdrawing the cases. It is the public prosecutor who has to decide. So far as this Section (321 CrPC) is concerned, the role of the State government is not contemplated so far as withdrawal of cases as held by Apex court in several cases".

It was the case of petitioner that several cases have been registered with different police stations between 2008 to 2023 out of these cases 43 cases are selected to be withdrawn. These involve highly influential personalities. The prayer is to set aside an order dated 15-10-2024, passed by Competent authority.

The court had while issuing notice to the government had in its order said, "Learned advocate for petitioner is prima facie justified that the government has been exerting pressure on the prosecutors in ordering them to withdraw the cases which is clear violation of Sec 321 CrPC. When the Department of Prosecution and law have opined cases are not fit for withdrawal, the state government has exceeded its authority to pass the impugned order. A strong prima facie case is made out.”

Appearance: Advocate Venkatesh Dalwai for Petitioner.

AGA Niloufer Akbar for Respondent.

Citation No: 2025 LiveLaw (Kar) 188

Case title: Girish Bharadwaj AND State of Karnataka

Case No: WP 3817/2025