[Cites 16, Cited by 0]
Bombay High Court
The State Of Maharashtra vs High Court On Its Own Motion on 29 January, 2026
Author: N.J.Jamadar
Bench: N.J.Jamadar
2026:BHC-AS:5560-DB
ia-211-2026+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.211 OF 2026
IN
SUO MOTU WRIT PETITION NO.1 OF 2022
State of Maharashtra ... Applicant
versus
High Court on its Own Motion ... Respondent
WITH
INTERIM APPLICATION NO.212 OF 2026
IN
SUO MOTU WRIT PETITION NO.1 OF 2022
State of Maharashtra ... Applicant
versus
High Court on its Own Motion ... Respondent
Mrs. M.M.Deshmukh, Public Prosecutor with Mr. A.R.Patil, Addl. Public
Prosecutor, for State.
ARUN
RAMCHANDRA
SANKPAL
CORAM: SHREE CHANDRASHEKHAR, CJ &
Digitally signed by
ARUN RAMCHANDRA
N.J.JAMADAR, J.
SANKPAL
Date: 2026.02.03
18:49:44 +0530
DATE : 29 JANUARY 2026
Per, N. J. Jamadar, J. :
1. Heard the learned Counsel for the parties.
2. This Special Bench has been constituted pursuant to the directions of
the Supreme Court in Writ Petition (Civil) No.699 of 2016 in an order dated 10
August 2021, dealing with the issue of withdrawal of criminal cases pending
against the legislators by the State for extraneous and political considerations,
by utilizing the power under Section 321 of the Code of Criminal Procedure,
ia-211-2026+.doc
1973. The Supreme Court emphasised that the said power under Section 321
was required to be exercised with utmost good faith to serve the larger public
interest. The Supreme Court directed, inter alia, that no prosecution against
the sitting or former MP/MLA shall be withdrawn without the leave of the High
Court.
3. These Interim Applications are preferred by the State seeking leave to
withdraw the prosecution:
(i) CC No.102 of 2022 arising out of C.R.No.386 of 2021
registered with Chimur Police Station, Chandrapur, for the
offences punishable under Sections 186, 187 and 188 of Indian
Penal Code, 1860 and Section 135 read with Section 37(1) (3)
of the Maharashtra Police Act, 1951 ("the Police Act, 1951") (IA
No.211 of 2026) and,
(ii) CC No.34 of 2021 arising out of C.R.No.288 of 2019
registered with Bhisi Police Station, Chandapur, for the offences
punishable under Sections 341, 294, 506, 143, 171(c) and
171(f) of Indian Penal Code, 1860 and Section 135 of the
Maharashtra Police Act, 1951 (IA No.212 of 2026).
4. The indictment against the accused, including accused No.1, who is a
Member of the Maharashtra Legislative Assembly, is that, on 16 th August 2021
ia-211-2026+.doc
at 1.00 pm, while the then Cabinet Minister, and, the Guardian Minister,
Chandrapur, was attending an official programme at Hutatma Smarak in
Chimur, the accused, without obtaining permission of the Revenue and Police
Authorities took out a bike rally on the adjacent National Highway No.-353 E.
The accused thereby obstructed the public servants in the discharge of their
public functions and also disobeyed the lawful orders promulgated by the
public servants. Hence, FIR was registered against the accused vide CR No.
386 of 2021, for the offences punishable under Sections 186, 187 and 188 of
Indian Penal Code, 1860 and Section 37(1)(3) and Section 135 of the
Maharashtra Police Act, 1951.
5. It is averred that, in pursuance of the GR dated 20 th September 2022
containing guidelines for withdrawal of prosecution arising out of political and
social agitations, the proposal to withdraw the prosecution in the instant case
was placed before the Committee constituted by the State Government
thereunder. The Public Prosecutor, who is entrusted with the prosecution in
CC No.102 of 2022, has submitted a report that, in the incident in question
there was no loss of life and no damage to the public property.
6. In its meeting held on 5 th July 2024, the empowered committee has
recommended the withdrawal of the prosecution. The Assistant Director and
Public Prosecutor, Chandrapur has also opined that, it is fit case for
withdrawal of prosecution.
ia-211-2026+.doc
7. We have perused the Application and the documents annexed thereto.
We have examined the nature of the allegations and the gravity of the
offences. Upon consideration of the material on record, we are of the prima
facie view that the alleged offences have their genesis in the political
agitation. We find that the Committee constituted by the State Government
has examined the case for withdrawal of the prosecution, in the light of the
parameters framed under the said Government Resolution. The Committee
has noted that there was no loss of life or damage to the public property.
8. In our view, the decision of the Committee to recommend the
withdrawal of prosecution appears to be guided by considerations which are
in accord with the statutory provisions for withdrawal of the prosecution. The
prosecution in this case seems to have arisen out of a political agitation. It
does not appear that the prosecution is being withdrawn for any extraneous
consideration. An independent application of mind by the concerned Public
Prosecutor is also evincible from the report submitted by the learned
Prosecutor.
9. For the foregoing reasons, we are inclined to allow the Interim
Application to the extent of granting leave to the State Government to seek
the withdrawal of the prosecution.
ia-211-2026+.doc
Interim Application No.212 of 2026
10. In the general elections for the Maharashtra Legislative Assembly,
2019, the brother of the first informant was a candidate for Chimur
Constituency. On 20th October 2019, when the first informant was on his way
to home at Shankarpur, the accused, including Accused No.17, who is a
member of Maharashtra Legislative Assembly, accosted the first informant. It
is alleged that, the accused formed an unlawful assembly and in prosecution
of the common object of the unlawful assembly wrongfully restrained the first
informant and threatened him for canvassing for the rival candidate.
11. On the basis of the report lodged by the first informant, the crime was
registered vide C.R.No.288 of 2019 with Bhisi Police Station, Chandapur, for
the offences punishable under Sections 341, 294, 506, 143, 171 C and 171 F
of Indian Penal Code 1860, and Section 135, for having committed the brach
of the prohibitory order issued under Section 137 (1), of the Maharashtra
Police Act, 1951.
12. In the instant Application, it is averred that, in pursuance of the decision
taken by the State Government to withdraw the prosecutions arising out of the
social and political agitations, the proposal to withdraw the prosecution was
placed before the Committee constituted by the State Government vide
G.R.No.20 September 2022. The said Committee in its meeting held on 5 th
July 2024, has considered the proposal and recommend the withdrawal of
ia-211-2026+.doc
prosecution. The Public Prosecutor, who is entrusted with the prosecution in
C.C.No.34 of 2021, has submitted a report that, in the incident in question
there was no loss of life and no damage to the public property. The Public
Prosecutor has conveyed his no objection for the withdrawal of the
prosecution.
13. We have perused the averments in the Application and the documents
annexed thereto. We have carefully examined the nature of the accusation
and the gravity of the alleged offences. Upon perusal of the record, we are of
the prima facie view that the offences were allegedly committed during the
course of campaigning for the Maharashtra Legislative Assembly Election,
2019. An altercation seems to have ensued between the followers of the rival
candidates.
14. The Committee constituted by the State Government has examined the
proposal for the withdrawal of the prosecution in conformity with the
parameters prescribed in the aforesaid GR. The committee has noted that,
there was no loss of life or damage to public property. We find that the
decision of the Committee to recommend the withdrawal of prosecution
appears to be guided by considerations which advance the object of the
withdrawal of the prosecution arising out of social and political agitations. It
does not appear that the prosecution is being withdrawn for any extraneous
consideration. The Committee has expressly noted that there was no loss of
ia-211-2026+.doc
life or damage to the public property. The learned Public Prosecutor entrusted
with the prosecution also seems to have independently assessed the situation
and submitted a favourable report.
15. We are, thus, inclined to allow the Application to the extent of granting
leave to the State Government to seek withdrawal of the prosecution.
16. In the event, the concerned Public Prosecutor files application for
withdrawal of the prosecution, in each of the above cases, the jurisdictional
Court shall pass appropriate order in accordance with law.
17. Interim Application Nos. 211 of 2026 and 212 of 2026 stand disposed.
18. Post Suo Motu Writ Petition on 5th February 2026 at 4.30 p.m.
( N.J.JAMADAR, J. ) ( CHIEF JUSTICE)
