Mumbai police withdraws criminal complaint against 36 who protested JNU attack in 2020

The Mumbai police recently withdrew a case filed in 2020 against 36 people, including activists and lawyers, for protesting at the Gateway of India, Mumbai against an attack on students at the Jawaharlal Nehru University (JNU) in New Delhi..An application was filed to this effect under Section 321 (withdrawal of cases) of the Code of Criminal Procedure (CrPC). The said application was filed on January 12 before the additional chief metropolitan magistrate SV Dindokar.In its application, the police noted that the alleged acts of protest by the accused persons did not result in any loss of life or loss to public property. “Considering the allegations and facts of the case and alleged act being of social and political in nature, the prosecution does not want to proceed with the matter and decided to withdraw the same. The application is allowed and the prosecution case is withdrawn,” the court's order stated..In its application to withdraw the case, the prosecution relied on a government order of September 2020 which had called on the police to withdraw cases where protests were conducted in social interest or to raise awareness.There were two criteria enlisted for such withdrawal. One criterion was that the chargesheet ought to have been filed on or before March 31, 2022. The second factor was the nature of protest. Public prosecutor, Gautam Gaikwad, informed the Court that, after applying his mind, he had concluded that the present case was fit for withdrawal. Accordingly, the withdrawal application was filed and allowed by the Court. .In December 2020, the Colaba police filed a chargesheet naming 36 persons after they gathered for a protest without permission at the Gateway of India around midnight on January 25, 2021.The chargesheet cited Sections 143 and 149 of the Indian Penal Code, which deals with unlawful assembles, and a charge under Section 37 (3) of the Bombay Police Act, 1951. .[Read Roznama]