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2w ago

Karnataka High Court quashes state order to withdraw 43 criminal cases

Under Section 321 of the CrPC the court held that only prosecutors can withdraw cases, not the government’s Cabinet

Karnataka HC junks govt order withdrawing 43 cases including Hubballi riots
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Unlawful: Karnataka High Court stops government order withdrawing criminal cases
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Overview

  • The Karnataka High Court on May 29 nullified the state government’s October 2024 order directing prosecutors to withdraw 43 criminal cases.
  • A division bench led by Chief Justice N. V. Anjaria ruled the order violated Section 321 of the Criminal Procedure Code, which vests withdrawal power with public prosecutors.
  • The overturned cases include high-profile matters such as the 2022 Hubballi riots that involved a mob attack on a police station.
  • Advocate Girish Bharadwaj’s PIL highlighted that the Law Department and Prosecution and Government Litigation Department had advised against the withdrawal.
  • BJP leaders welcomed the verdict as a rebuke of the Congress government’s alleged appeasement politics and urged immediate action against the accused.