Sanjeev Sirohi
Jodhpur, Aug 21, KDC: The Rajasthan High Court at Jodhpur has dismissed the State government’s plea seeking withdrawal of a criminal case against BJP MLA Harlal Saharan alias Harlal Singh over allegations of submitting a forged Class X certificate.
The Division Bench comprising Justice Inderjeet Singh and Justice Bhuwan Goyal, according to news agency Kashmir Dot Com held that the State neither placed on record the Public Prosecutor’s independent report nor provided reasons justifying withdrawal of prosecution, thereby failing to meet the legal standards under Section 321 CrPC.
The case dates back to 2019, when Saharan was accused of filing a forged mark-sheet and certificate of Class X while contesting Zila Parishad elections in Churu district. A charge sheet was filed after investigation, and charges under IPC Sections 420, 467, 468, 471, 193 & 120-B were framed against him. His revision petition challenging the cognizance order was dismissed earlier in September 2023.
Court’s Key Observations
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Withdrawal of prosecution cannot be granted mechanically or simply because the accused is an MLA.
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Such decisions must be based on the broad ends of public justice and public interest.
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The Public Prosecutor must formulate an independent opinion and not merely act on government instructions.
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Misuse of public office and funds through forgery cannot be condoned in the name of political stature or public image.
The Bench extensively cited the Supreme Court’s rulings in:
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State of Kerala vs K. Ajith (AIR 2021 SC 3954) – laying down principles for withdrawal under Section 321 CrPC.
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Abdul Kareem vs State of Karnataka (2008 SCC 710) – stressing that government orders alone cannot justify withdrawal.
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Rajendra Kumar vs State (1980 3 SCC 435) – highlighting the duty of prosecutors and courts to safeguard justice.
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Shailendra Kumar Srivastava vs State of UP (2024 INSC 529) – where the apex court ruled political image is not a ground for withdrawal of serious charges.
Justice Bhuwan Goyal, who authored the judgment, observed:
“Matters involving forged certificates and misuse of public office cannot be withdrawn merely because the accused is a legislator. Withdrawal must be for proper administration of justice and in public interest.”
The Court further noted that the State’s application failed to explain how withdrawal would serve public justice, order or peace.
Concluding that the plea was devoid of merit, the High Court dismissed the State’s petition, paving the way for the criminal trial against the BJP MLA to continue. (KDC)
