September 23, 2021

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SC’s big order, pending criminal cases against MP-MLAs will not be returned without HC’s permission

SC's big order, pending criminal cases against MP-MLAs will not be returned without HC's permission

New Delhi
The Supreme Court has given a big order on Tuesday. He has said that pending criminal case against MLA and MP High Court permission will not be withdrawn without In whatever special court the pending criminal case against MLA and MP is going on, the judges will continue to hear till further orders.

The apex court said that public prosecutors (public prosecutors) cannot withdraw pending criminal cases against law makers without the approval of the High Court. The special judge hearing the pending cases against MLA and MP should not be transferred till further orders.

The Supreme Court has directed the High Court Registrar to provide information to the apex court as to which cases have been disposed of by the Special Court and how many cases are in which stage. In 2016, BJP leader Ashwini Upadhyay had filed an application in the Supreme Court saying that the hearing of pending cases against MLAs and MPs should be fast-tracked.

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Under Section 321 of CrPC, the state government has been empowered to withdraw the case. The issue of its misuse was raised. During the hearing of this matter, the Supreme Court said that we feel that we need to give directions in this matter. The court has issued directions saying that the pending criminal case against MLA and MP will not be withdrawn without the permission of the High Court of the concerned state.

Cases to be settled at the earliest
The Supreme Court also said that the matters pending in the Special Court should be disposed of at the earliest. The judges of the Special Court will hold that post till the orders of the court are issued and will hear and settle the matter. During this, if the judge retires, then it is a different matter. If transfer is required, the Registrar of the High Court can apply for the same.

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Many states proposed to withdraw the case
During the hearing in the Supreme Court, Court Advisor Vijay Hansaria said that the withdrawal of the case should not be allowed without the permission of the High Court. He raised the issue of miss use of law. He said that many states have proposed to withdraw the case. In this, the UP government has proposed to withdraw the case against the accused in the Muzaffarnagar riots case. At the same time, the Maharashtra government has made preparations to withdraw the cases before 31 December 2019. The Karnataka government has ordered the withdrawal of 61 such cases. Therefore, the direction of the Supreme Court is needed in this matter. After this the Supreme Court passed the said order.

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