Bal Kumar Patel @ Raj Kumar vs State of U.P.; 2025 INSC 1378 -CrPC/BNSS - Withdrawal From Prosecution -Cases Against MPs & MLAs
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Code of Criminal Procedure 1973 - Section 321 - Applications before High Court for permission of withdrawal of prosecution in cases concerning MPs or MLAs - Public Prosecutor who has a duty to assist the Court ‘with a fairly considered view’ on the case, in his application and in the interest of justice should disclose all reasons that weighed with them to put forward this application to the Court - This application disclosing the reasons for withdrawal of prosecution given by the Public Prosecutor as also the records of the case should be before the High Court which would exercise its judicial mind and give a reasoned order, granting or denying such permission. (Para 9)
Case Info
Case Details
- Case name: Bal Kumar Patel @ Raj Kumar vs State of U.P.
- Neutral citation: 2025 INSC 1378
- Coram: Sanjay Karol, J.; Nongmeikapam Kotiswar Singh, J.
- Judgment date: December 03, 2025
Caselaws and Citations
- Ashwini Kumar Upadhyay v. Union of India: 2021 (20) SCC 599
- State of Kerala v. K. Ajith: (2021) 17 SCC 318
- State of Bihar v. Ram Naresh Pandey: 1957 SCC OnLine SC 22; AIR 1957 SC 389
- Faqir Singh v. Emperor: AIR 1938 PC 266
- Sheonandan Paswan v. State of Bihar: (1987) 1 SCC 288; 1987 SCC (Cri) 82
Statutes / Laws Referred
- Code of Criminal Procedure, 1973: Section 321; Section 482
- Bharatiya Nagarik Suraksha Sanhita, 2023: Section 528
- Arms Act, 1959: Section 17(3)(b); Sections 25, 27, 30
- Indian Penal Code: Sections 420, 467, 468, 471
- Constitution of India: Article 136
#SupremeCourt issues important directions on how to consider applications for permission of withdrawal from prosecution in criminal cases concerning MPs & MLAs: https://t.co/kjDh1YDF15 pic.twitter.com/e3McrFavBy
— CiteCase 🇮🇳 (@CiteCase) December 3, 2025