Lok Adalats Have No Adjudicatory Power: Rajasthan HC Sets Aside Award Allowing Withdrawal Of Prosecution
|The Rajasthan High Court allowed a Writ Petition against the award of the National Lok Adalat that allowed the Assistant Public Prosecutor to withdraw Criminal Prosecution and acquitted the accused of charges under Sections 323 and 341 of the IPC.
The Court held thus based on the observations and directions in the decision of the coordinate bench in Shyam Bacchani vs State of Rajasthan & Ors.
The Court was hearing a Criminal Writ Petition filed by the complainant seeking to quash and set aside the National Lok Adalat's award.
The bench of Justice Amil Kumar Upman observed, “this criminal writ petition is also allowed in light of the observations and directions given in Shyam Bacchani (supra).”
Advocate Ripu Daman Singh Naruka appeared for the Appellant and PP Chandragupt Chopra appeared for the Respondent.
The grievance of the Petitioner, Meenu Singh, is that the impugned award is illegal, arbitrary, and contrary to law and claimed that the Lok Adalat lacks jurisdiction to allow the withdrawal of criminal prosecution. He contended that the order was passed in violation of principles of natural justice as he was not notified. He went on to assert that Lok Adalats can only dispose of cases through compromise between parties.
The Court noted that the controversy involved in the present case is squarely covered in Shyam Bacchani’s case (supra) and quoted, “A bare perusal of the aforesaid provisions make it abundantly clear that when a case, pending before the Court (as in the present case) is referred to the Lok Adalat, the parties thereof must agree for reference. If one of the parties only makes an application to the Court for such reference, other party must have opportunity of hearing before hand for reaching at conclusion by the Court that the matter is fit one to be referred to the Lok Adalat.”
“A perusal of the entire scheme under Chapter VI (supra) as well as the referred provisions aforesaid would make it clear that the Lok Adalats have no adjudicatory power and by allowing the prayer of learned Public Prosecutor to withdraw prosecution, the Lok Adalat has exercised adjudicatory jurisdiction which is not vested in it.”, the Court further quoted.
Accordingly, the Court set aside the award passed by the National Lok Adalat.
Finally, the Court allowed the Writ Petition.
Cause Title: Meenu Singh v. State of Rajasthan (Neutral Citation: 2024:RJ-JP:19553)