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HC blocks withdrawal of illegal protest case


Bengaluru

The Karnataka High Court has stopped the withdrawal of a case linked to a protest that took place in front of the Chittapur police station in Kalaburagi. The protest was held by a group demanding the release of a vehicle that had been seized for allegedly transporting cattle illegally. The High Court said the trial must continue, and the earlier order of the trial court allowing the case to be withdrawn has been put on hold.

Justice Sachin Shankar Magadum passed the order while hearing a petition filed by Bengaluru-based lawyer Girish Bharadwaj. The petition questioned why the trial court allowed the government prosecutor to withdraw the case even though a chargesheet had already been filed. Both the petitioner’s counsel and the Deputy Director of Prosecution argued that the case should not be withdrawn at this stage.

The Home Department had earlier ordered the withdrawal of 62 cases, including this one, based on opinions from different departments and the State Cabinet. Following this, the government prosecutor submitted a memo under Section 321 of the CrPC on October 10 seeking to drop the case. However, the High Court noted that the withdrawal move violated Supreme Court guidelines, especially since the prosecution had already found major issues and filed a chargesheet.

The prosecution had also stated earlier that the accused had violated Section 144 and Covid rules during the 2019 incident. The case began when police seized a Bolero pick-up vehicle transporting cattle illegally near Diggaon Cross. Later that night, a group gathered at the police station, refused to disperse, and pelted stones at the police, causing damage to vehicles. Despite Covid restrictions, protesters ignored all safety rules, leading to multiple charges against them.

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