Karnataka High Court Quashes State Government's Order To Withdraw 43 Criminal Cases Including Hubballi Riot Charges

Bengaluru: In a significant legal development, the Karnataka High Court has struck down the state government's controversial decision to withdraw 43 criminal cases, including those linked to the 2022 Hubballi riots and several involving influential individuals.

A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind delivered the ruling while hearing a Public Interest Litigation (PIL) filed by Bengaluru-based advocate Girish Bharadwaj. The petition had challenged the legality and propriety of the state’s move to drop serious criminal charges through executive order.

Setback for the State Government

The verdict comes as a serious setback for the Congress-led state government, which had been accused of arbitrarily withdrawing cases under Section 321 of the Code of Criminal Procedure (CrPC) without proper legal justification. During earlier hearings, the High Court had observed that the matter was of grave concern. The bench pointed out that the government’s decision to withdraw cases against politically influential individuals and public figures appeared prima facie unjustified and contrary to established legal norms.

Violation of Legal Procedure

The petitioner's counsel argued that the government had acted in violation of Section 321 CrPC, which authorizes only public prosecutors to initiate withdrawal of cases with the court’s permission, and only if it serves the public interest—not due to political or extraneous considerations. Despite objections raised by the Prosecution Department, the state cabinet had gone ahead with the withdrawal, prompting the court to question the legality of such an overreach.

The court further noted that when criminal matters are pending before various courts, no judicial forum would permit withdrawal unless due process is strictly followed. If a court grants permission to withdraw such cases under pressure or without sound legal basis, it risks undermining judicial integrity, the bench orally remarked.

Cases of Serious Offences

The petition highlighted that several of the withdrawn cases involved serious charges such as rioting, attempted murder, and assault on police officers—most notably those related to the Hubballi riots. Despite the gravity of these offenses, the state government reportedly directed public prosecutors to withdraw the cases, ignoring the prosecution department’s assessment that such action was inappropriate.

The counsel for the petitioner also cited multiple Supreme Court judgments affirming that state governments cannot unilaterally order the withdrawal of cases under CrPC Section 321. The High Court accepted this argument and declared the government's action legally untenable.

By annulling the state’s directive, the High Court has not only reinstated the pending criminal cases but also sent a clear message that executive overreach in judicial matters will not be tolerated. The verdict reinforces the autonomy of the prosecutorial process and upholds the principle that withdrawal of criminal cases must be rooted in legal merit—not political expediency.