Supreme Court sets aside withdrawal of prosecution for influential accused in double murder case
Justices Vikram Nath & Satish C Sharma [15-07-2024]

Read Order: Shailendra Kumar Srivastava v. The State Of Uttar Pradesh & Anr [SC- CRL APL NO. 2914 OF 2024]

LE Correspondent

New Delhi, July 16, 2024: The Supreme Court has set aside the withdrawal of prosecution for an influential accused in a double murder case that has been pending for nearly three decades. The top court expressed grave concerns over the alarming trend of prolonged delays and suspected political influence in legal proceedings, particularly those involving powerful individuals.

The case in question pertains to a double murder that took place in 1994, where the complainant's elder brothers, Jagdish Sharan Srivastava and Rajkumar alias Raja Bhaiya, were shot dead by a group of armed assailants. The complainant's nephew and two others were also injured in the incident. The police filed a chargesheet against ten accused persons, including Chhote Singh, who was elected as a Member of the Legislative Assembly from the ruling party in Uttar Pradesh in 2007.

In a controversial move, the Governor of Uttar Pradesh granted permission to the Public Prosecutor to seek withdrawal of prosecution against Chhote Singh in 2008. The Trial Court allowed the withdrawal, citing Chhote Singh's good public image and his election to the Legislative Assembly. However, the applications for withdrawal of prosecution for the other nine accused were rejected without providing any reasons.

The Supreme Court, in its judgment, criticized the Trial Court's casual approach in allowing the withdrawal of prosecution for Chhote Singh merely on the grounds of his political standing. The court emphasized that being elected to the Legislative Assembly cannot be a testament to an accused person's image, especially in cases involving gruesome crimes like double murder.

The top court also noted the repeated adjournments in the criminal revision petitions filed by the accused persons, which have been pending before the Allahabad High Court for twelve years. These adjournments have effectively stalled the trial proceedings, raising serious concerns about the miscarriage of justice due to political influence.

In its order, the Supreme Court set aside the withdrawal of prosecution for Chhote Singh and directed the Allahabad High Court to re-evaluate the remaining cases and decide the pending criminal revision petitions for the other accused persons. The court emphasized the paramount importance of ensuring the progression of the trial without further delay and directed the High Court to retain only copies of the Trial Court record and send back the original record for expeditious conclusion of the criminal trial which has been pending for almost three decades now.