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States can’t withdraw cases without High Court sanction: Supreme Court

Another bench of top court fines eight political parties for failing to disclose criminal antecedents of their candidates in Bihar polls

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A bench headed by CJI N V Ramana indicated it would set up a special bench at the SC to monitor criminal cases against politicians. File pic

A bench headed by CJI N V Ramana indicated it would set up a special bench at the SC to monitor criminal cases against politicians. File pic

In a significant order, the Supreme Court on Tuesday curtailed the power of state prosecutors and ordered that they cannot withdraw prosecution against politicians facing criminal cases under Code of Criminal Procedure (CrPC) without prior sanction from high courts. A bench headed by Chief Justice N V Ramana indicated that it would set up a special bench at the top court to monitor criminal cases against politicians.

The SC’s order assumed significance in view of the fact, highlighted by an amicus curiae on the basis of news reports, that states like Uttar Pradesh, Uttarakhand, Maharashtra and Karnataka have sought to withdraw criminal cases against politicians by using Section 321 of CrPC which empowers prosecutors to withdraw cases.

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