Rajasthan MLA faces setback in fake marksheet case as HC refuses to withdraw govt's plea

Jaipur, Aug 26 (IANS) The Rajasthan High Court has rejected the state government’s petition seeking withdrawal of the criminal case against Churu MLA Harlal Saharan in the fake marksheet case.

A division bench of Justice Indrajit Singh and Justice Bhuvan Goyal strongly observed that “merely being elected to the Legislative Assembly cannot be considered proof of good image in society.”

The court further said that the government failed to justify how withdrawing the case would serve the larger interests of justice, noting that the plea appeared aimed at suppressing legal proceedings rather than pursuing them in good faith.

The case dates back to 2015, when Saharan allegedly submitted a fake Class 10 marksheet from the Uttarakhand Board while contesting the Zilla Parishad election from Ward No. 16 in Churu.

An RTI reply later revealed that the roll number mentioned did not exist, and even the school name was fabricated. Following a complaint by one Chimna Ram in 2019, police registered an FIR at Kotwali police station and filed a chargesheet under sections of fraud, forgery, and criminal conspiracy.

The trial court took cognisance and framed charges, which Saharan unsuccessfully challenged in 2023. Advocate General Rajendra Prasad, representing the state government, argued that since Saharan is now an MLA, the case should be withdrawn. He also cited alleged technical flaws in the chargesheet.

The plea was filed under Section 321 CrPC after a government committee meeting on November 26, 2024. Rejecting these arguments, the High Court said the committee’s reasoning was vague and politically motivated.

It noted that allegations involved misuse of public office and government funds—serious charges that cannot be brushed aside due to political stature.

The bench referred to previous Supreme Court and High Court rulings, including Kerala Govt vs K. Ajith and Abdul Karim vs Karnataka Govt, to underline that cases cannot be withdrawn mechanically or on weak grounds.

The criminal trial will continue in the court of the Additional Chief Judicial Magistrate, Sardarshahar.

Meanwhile, Saharan’s separate revision petition challenging the framing of charges is still pending.

--IANS

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