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Supreme Court of India 2024-07-15 allowed

SHAILENDRA KUMAR SRIVASTAVA vs THE STATE OF UTTAR PRADESH & ANR

Bench: 2 — Vikram Nath, Satish Chandra Sharma

In Brief

A man whose brother was killed in a 1994 armed attack challenged the withdrawal of prosecution against one accused, a sitting Member of Legislative Assembly, while trials against nine other accused continued after 30 years of delay. The Supreme Court found that the Trial Court improperly granted withdrawal based on the accused's political position and public image rather than legal merit. The Court set aside this withdrawal order, emphasizing that political standing cannot justify withdrawing prosecution in serious crimes, and directed the High Court to expedite the remaining revision petitions while returning the trial record for timely conclusion of the 30-year-old case.

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Criminal Procedure Section 321 CrPC Withdrawal of Prosecution Abuse of Process Judicial Delay Political Influence Rule of Law Equity and Justice

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