Prosecution against a sitting or former M.P./M.L.A. shall not be withdrawn without sanction of HC: SC

Ashwini Kumar Upadhyay Vs Union of India (Supreme Court of India) Learned amicus has drawn our attention to various instances across the country, wherein various State Governments have resorted to withdrawal of numerous criminal cases pending against M.P./M.L.A. by utilising the power vested under Section 321, Cr.P.C.It merits mentioning that the power under Section 321, Cr.P.C. is a responsibility which is to be utilized in public interest, and cannot be used for extraneous and political considerations. This power is required to be utilized with utmost good faith to serve the larger public i...