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Shailendra Kumar Srivastava vs. The State of Uttar Pradesh

Not available · 2024 INSC 529Decided 15 Jul 2024
Not available
Justice Vikram Nath · Justice Satish Chandra Sharma

Background

In 1994, ten people were charge-sheeted for a double murder committed by an armed group over an alleged police complaint about kidnapping and opium sale. One accused, Chhote Singh, later became a sitting Member of the Legislative Assembly, and in 2008 the State Government permitted withdrawal of his prosecution on the stated ground that he enjoyed a "good public image." The trial court allowed withdrawal for Chhote Singh but rejected it for the other nine accused without giving reasons. Both the accused persons and the murder victim's family filed revision petitions before the Allahabad High Court, which then sat pending for twelve years and was repeatedly adjourned, six times, at the request of the accused's counsel, prompting the victim's son to approach the Supreme Court.

Decision Breakdown

The Supreme Court held that an accused's electoral popularity or "good public image" cannot justify withdrawing prosecution in a case of a gruesome double murder, and that the trial court's reliance on such a ground while allowing withdrawal for Chhote Singh was legally unsustainable. It found that repeated adjournments granted by the High Court over twelve years had effectively let politically influential accused persons use dilatory tactics to stall justice. The Court set aside the withdrawal of prosecution against Chhote Singh, restored the case against him, and directed the Allahabad High Court to decide the remaining pending revision petitions of the other accused without further delay, also directing that trial court records be returned so the nearly three-decade-old trial could finally proceed.

Lesson Learnt

Public office or popularity is not a valid legal ground for the State to withdraw a serious criminal prosecution, and courts have a duty to prevent political influence and repeated adjournments from indefinitely stalling justice for victims' families.

Official source (sci.gov.in)View Judgment (PDF)

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