The Rajasthan High Court on Thursday gave the State government the green signal to move ahead with withdrawing criminal cases against a sitting MLA and a former MLA, arising out of public protests. Sitting in Jaipur, Justice Anoop Kumar Dhand dealt with a clutch of petitions filed by the State itself, seeking the court’s leave before dropping prosecutions - a step now mandatory after Supreme Court directions.
The matters concerned alleged violations during protests over civic issues like water scarcity and administrative inaction. In court, the mood was measured rather than confrontational, with both sides largely on the same page.
Background
The petitions were filed by the State of Rajasthan against Bhawani Singh Rajawat, a former MLA from Ladpura, and Madan Dilawar, a sitting MLA from Ramganjmandi. FIRs registered between 2011 and 2021 accused them of offences such as unlawful assembly, obstruction of public ways, and violations of epidemic-related restrictions.
The government told the court that these cases stemmed from peaceful agitations meant to highlight public grievances. A High-Powered Committee of the State had already decided, through orders passed in July 2025, that the prosecutions deserved to be withdrawn.
However, following the Supreme Court’s ruling in Ashwini Kumar Upadhyay vs Union of India, no case involving a sitting or former MP or MLA can be withdrawn without the High Court’s permission. That is why the State approached the court this time, rather than quietly closing the cases at the trial level.
Court’s Observations
Justice Dhand walked through the law in some detail but kept the focus on fundamentals. Referring to Section 321 of the Criminal Procedure Code, the court explained that while the Public Prosecutor can seek withdrawal of a case, the court must ensure it is done in good faith and in public interest.
The bench noted that peaceful protest is part of democratic life. “The right to peaceful assembly and protest is fundamental in a democracy,” the court observed, adding that criminal law should not be used unless there is clear disturbance of public order.
Importantly, the judge pointed out that the charge-sheets did not contain specific allegations of violence or serious law-and-order disruption. The protests, the court said, were aimed at public causes like water supply and demands for administrative action, not personal gain.
The order also relied on several Supreme Court judgments which caution courts against allowing mechanical withdrawals, but equally warn against criminalising genuine public movements. As the bench observed, the prosecutor’s decision must “sub-serve the administration of justice” and not be driven by political convenience.
Decision
After considering the material and hearing all sides, the High Court allowed all the petitions. It granted the State leave to file appropriate applications before the trial courts for withdrawal of prosecution under Section 321 CrPC.
The court clarified that its observations would not bind the trial courts, which must still decide the withdrawal applications according to law. With that, the connected petitions and pending applications were disposed of.
Case Title: State of Rajasthan vs. Bhawani Singh Rajawat & Others
Case No.: S.B. Criminal Miscellaneous Petition No. 6829/2025 (along with 6830/2025 & 6854/2025)
Case Type: Criminal Miscellaneous Petition (Leave for Withdrawal of Prosecution under Section 321 CrPC)
Decision Date: 04 December 2025