State Withdrawing Such Cases Sends Wrong Message To Society: Calcutta HC Orders Fresh Trial In Ten Criminal Cases Tied To Nandigram Unrest
The Calcutta High Court has ordered a fresh trial in ten cases relating to murder and possession of illegal weapons, which took place during the unrest in Bengal's Nandigram region between the years 2007 and 2009. Criminal cases with regard to such incidents must not, let alone should not, be allowed to be withdrawn under Section 321 of the Criminal Procedure Code on the ground of return of peace and tranquillity. After their election in 2011, the state government withdrew the cases against the accused and such pleas were allowed by the trial court under Section 321 of the CrPC. In criticising the state for withdrawing prosecution against the accused, the court held: State's action to undertake a process under Section 321 in criminal cases involving murders, in the facts and circumstances of the present case, has evenly ingredient to send a wrong signal to the society. The decision of the State to apply under Section 321 of the Criminal Procedure Code in support of the criminal cases involved, not being founded upon any acceptable legal proposition or fact, cannot be said to be legal and valid, it added.
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