Allahabad HC asks special court to issue fresh order on withdrawal of case against Raja Bhaiya

Lucknow: The Lucknow bench of Allahabad High Court has remanded a case to the special MP-MLA court for passing a fresh order on a plea of the state government seeking withdrawal of prosecution against MLA Raghuraj Pratap Singh alias Raja Bhaiya, MLC Akshay Pratap Singh and others in connection with a case of kidnapping and murderous assault.

The bench has directed the MP-MLA court to pass a fresh order considering observations made by it in the verdict.

A bench of Justice Subhash Vidyarthi passed the verdict on the petition filed by Raja Bhaiya and others under section 482 of CrPC.

The petitioners had challenged the special court's order of March 17, 2023 whereby it rejected the plea of the state to withdraw the case.

The petitioners had alleged that they were booked in the case during the BSP regime in 2010 due to political reasons. The Samajwadi Party government on March 4, 2014 decided to withdraw the case.

The special court, however, on March 17, 2023, rejected the application of the state government, holding the offences were very serious and there was no public interest in allowing withdrawal of the case.

In its latest order in the matter, the HC noted that from the perusal of the evidence, there is no compelling evidence which could lead to success of the prosecution.

The bench observed, 'The continuance of prosecution against the persons against whom it has been sought to be withdrawn, will clearly result in an abuse of the process of law.' The bench also found that even the complainant, BSP leader Manoj Shukla, was not interested in the prosecution and has supported the withdrawal of the prosecution.

'In these circumstances, the decision taken by the Public Prosecutor to withdraw the prosecution keeping in view the aforesaid weaknesses and discrepancies in the prosecution case is based on cogent,' added the bench.

An FIR was lodged in the matter on December 19, 2010 at the complaint of Shukla with Kunda Police in Pratapgarh.

After a probe, police had filed the charge sheet on January 3, 2011. The state government filed an application for withdrawal of the case on March 17, 2014.

Raja Bhaiya is the president of Jansatta Dal Loktantrik party that he floated in 2018.