India News | HC Allows Withdrawal of Criminal Case Against UP Minister Sanjay Nishad for Protest on Rail Tracks

Prayagraj, Nov 30 (PTI) The Allahabad High Court has allowed the withdrawal of a criminal case against Uttar Pradesh minister Sanjay Kumar Nishad registered in Gorakhpur district in 2015 for a demonstration on railway tracks.

Allowing a criminal revision filed by the state government on Wednesday, Justice Raj Beer Singh set aside the order of the additional chief judicial magistrate of Gorakhpur dated September 29, 2023, rejecting the state's application filed through the public prosecutor for the withdrawal of the criminal case against Nishad.

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"Considering the nature of accusations and the facts of the matter, a case for withdrawal of the impugned prosecution was made out. It is also apparent from the facts of the matter that the public prosecutor has applied his mind independently and exercised his discretion in accordance with law," the high court said.

The criminal case was registered under Section 174 of the Railway Act at the RPF police station in Gorakhpur alleging that Nishad, along with a number of persons belonging to the Nishad community, held a demonstration on railway tracks on June 7, 2015, due to which railway traffic was hampered between Maghar and Sahjanwa.

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Subsequently, the application moved by the public prosecutor for the withdrawal of the case was rejected by the trial court mainly on the ground that in view of the law laid down by the apex court that no prosecution against a sitting or former MP or legislator shall be withdrawn without the permission of the high court and that no such leave of the high court was obtained in this matter.

However, the government counsels submitted that the high court had granted leave to the state to withdraw the case though an order on March 21, 2023.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)