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Ahmedabad, Nov 9 (PTI) The Gujarat High Court on Wednesday rejected a plea seeking withdrawal of a 2007 criminal case against BJP MLA Daharmendrasinh Jadeja, pending before a court at Khambhalia in Devbhumi Dwarka district of the state.Justice Niral R Mehta observed that the petition, filed by the special public prosecutor in the case, was bereft of any merits.The application "appears to have been filed not in good faith, in the interest of public policy and justice," the judge said.The plea to withdraw the case was filed by Kamlesh Dave, special public prosecutor for Devbhumi Dwarka district for conducting cases against MPs and MLAs."Rather, it appears to have been filed purely with a political interest and therefore, the same is nothing but an attempt to thwart and stifle the process of law," said the high court.Jadeja, then Congress MLA from Jamnagar (North), was expelled from the party a few months before the 2017 Assembly elections for cross-voting in the Rajya Sabha election.He joined the ruling Bharatiya Janata Party (BJP) and went on to win from Jamnagar (North) in the 2017 election.In the present case, Jadeja is accused of being part of a mob that allegedly pelted stones at a private company in Khambhaliya taluka of the district during a farmers" agitation against the company.He and 45 others were booked for rioting, unlawful assembly and criminal intimidation among other charges.The investigating agency also filed a charge sheet in the court at Khambhaliya.The chief judicial magistrate at Khambhalia in October 2020 rejected the application of then assistant public prosecutor seeking withdrawal of case against all 46 accused. It was challenged before the sessions judge at Devbhumi Dwarka which also rejected the plea.Thereafter, petitioner Dave moved an application before the trial court for withdrawal of the case.While his plea was pending, he moved the High Court in view of an order passed by the Supreme Court in August 2021 that no prosecution against sitting or former MP or MLA shall be withdrawn without the leave of the concerned high court. PTI KA KRK KRK
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