The Lucknow bench of the Allahabad High Court has approved the petition to withdraw the criminal case registered against MLA Raghuraj Pratap Singh alias Raja Bhaiya, MLC Akshay Pratap Singh and 18 others.
The order was given by a single bench of Justice Subhash Vidyarthi on a petition filed by these people under section 482 of CrPC on Friday.
In the petition, the order given by the MP-MLA Court of Pratapgarh on March 17, 2023 was challenged where the state government’s application to withdraw the case against them was rejected.
Senior advocate of the petitioners, HGS Parihar, said that the case was filed in Kunda police station on December 19, 2010 by the plaintiff and candidate Manoj Kumar Shukla during the BSP government. This was related to the election of the chief of Babaganj block. There were charges of murderous attack, robbery, kidnapping among others against 20 people including Raja Bhaiya and Akshay Pratap Singh.
On February 27, 2023, the government lawyer had filed an application before the trial court to withdraw the case, which was rejected by the MP- MLA court. This order was challenged in the High Court.
The petitioners said that the case was filed due to political rivalry, which deserves to be withdrawn in the interest of justice. On the other hand, the government lawyer and the plaintiff’s lawyer opposed the petition, saying that the trial court’s order was fair.
Meanwhile , in another case, a special MP- MLA court in Lucknow has rejected a UP government’s plea to withdraw the ongoing case against the several accused, including BJP leader Ashok Kataria.
The court rejected the government’s application and issued summons against the accused.
The next hearing of the case will be on March 18.This matter is related to sabotage and attacking the police with crude bombs and stones during the protests against the 2005 riots in Mau.
The case was registered at Hazratganj Kotwali on November 22, 2005. An application was filed in the court to withdraw the ongoing case against Ashok Kataria and other accused in public interest.
“No one can be given permission to commit violence under the guise of protests, demonstrations and processions” , the Court observed.
Besides, the court said withdrawal of the case will not send a good message to the general public. An impression will be created that while being in opposition, they commit crimes in the name of protests and demonstrations and after coming to power, they withdraw the cases.
Ashok Kataria was the state president of BJYM at the time of the incident and presently he is BJP MLC.