Rajasthan High Court refuses to allow State to withdraw case against BJP MLA over forged Class 10 certificate

The Rajasthan High Court recently dismissed a plea moved by the State government for permission to withdraw a criminal case against Bharatiya Janata Party (BJP) MLA Harlal Saharan alias Harlal Singh [State of Rajasthan v Chimna Ram]..A Division Bench of Justice Inderjeet Singh and Justice Bhuwan Goyal said that the State government neither submitted the public prosecutor’s report regarding satisfaction for withdrawal of the case nor provided any reasons for the decision.The case, pending since 2019, alleges that Saharan had submitted a forged mark-sheet and certificate of class X when he filed nomination papers for Zila Parishad polls. The Court said that such cases cannot be withdrawn merely because he is a member of the legislature.“It is noteworthy that as per allegations, accused fabricated mark-sheet of Class X, on the basis of which, he submitted nomination papers for contesting the election of Member, Zila Parishad, in which he was declared elected and held the public office and utilized public money. Such matters of a gruesome crime involving misuse of public office and public money do not warrant withdrawal of prosecution merely on the ground of good public image of an accused or that he is elected Member of Legislative Assembly,” the Court said..Further, the Court noted that the trial court had already taken cognizance of the offences against Saharan and also framed charges against him. It added that a revision plea against the cognizance order was dismissed by the High Court in 2023.“Advocate General has not been able to satisfy the Court as to how broad ends of public justice, public order and peace would met in withdrawing the prosecution nor has he satisfied that present application has been made in good faith and in the interest of public policy and justice and not to thwart of stifle the process of law,” the Court said while dismissing the plea..Advocate General Rajendra Prasad had earlier argued that though a chargesheet was filed against Saharan, no sufficient material was available on record against him. Prasad also contended that charges were wrongly framed against Saharan.However, the Court said permission for withdrawal of prosecution cannot be granted mechanically and thus, dismissed the plea..Advocate General Rajendra Prasad with advocate Tanya Goyal represented the State.Advocates Ramawatar Singh, Jassa Ram and Jai Kishan represented rhe complainant.[Read Judgment]