FIRs not withdrawn in Maharashtra yet? Why CJP protestors may have to wait longer

Maharashtra will follow its existing Government Resolution process, needing chargesheets and two committee clearances before courts can permit withdrawal, unlike Delhi's same-day move.

CJPPolice are now expected to begin investigations and file chargesheets in nearly 20 Mumbai FIRs, besides a few others across the state.

Even as the Delhi government on Thursday ordered the withdrawal of 13 FIRs against NEET-UG protesters, those booked in Maharashtra may wait longer for similar relief. The state has decided to follow the established legal process, which requires courts to approve withdrawal after chargesheets are filed.

According to government sources, Maharashtra will invoke its existing mechanism for withdrawing cases arising from political and social protests to drop FIRs against those who protested in support of the Cockroach Janata Party (CJP) over the alleged NEET paper leak. The government has directed that the exercise be completed “in a prompt and time-bound manner,” rather than the six months to a year such cases usually take.

This means the cases won’t close immediately. Police will complete investigations and file chargesheets first. The prosecution will then seek the court’s permission to withdraw, once the proposal clears two government committees.

Despite withdrawal assurance, Mumbai Police keep summoning CJP protesters Several protesters gathered in Dadar in support of the Cockroach Janta Party (CJP) protest were detained by Mumbai Police on Thursday. (Express Photo By Ganesh Shirsekar)

“The cases will be withdrawn as per the procedure laid down in the Government Resolution governing withdrawal of cases related to political and social protests. Normally, the process takes a long time, but in these cases it will be carried out in a prompt and time-bound manner,” a senior government official said.

Officials said they had examined filing closure reports instead, but found it legally impractical. Closure reports apply when an FIR stems from a mistake of fact, insufficient evidence, or an undetected offence, and a court must accept those too. Withdrawal under the existing GR was judged the more sustainable route.

“We assessed the available options and decided on the most practical legal course for withdrawing the cases. The DGP was asked to take a decision accordingly,” a senior government leader said.

No specific deadline has been set. “We cannot rush through the procedure. Every legal requirement has to be met. But it will be completed as expeditiously as possible,” an official said. Another source added that the government, aware any withdrawal could be challenged in court, wants every procedural safeguard followed.

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Police are now expected to begin investigations and file chargesheets in nearly 20 Mumbai FIRs, besides a few others across the state.

Despite withdrawal assurance, Mumbai Police keep summoning CJP protesters Several protesters gathered in Dadar in support of the Cockroach Janta Party (CJP) protest were detained by Mumbai Police on Thursday. (Express Photo By Ganesh Shirsekar)

How the process works

Under the GR, once police file chargesheets, a committee of a DCP-rank officer and a public prosecutor will examine the withdrawal proposal, before it goes to a higher-level committee. If approved, the public prosecutor moves the court under Section 360 of the BNSS, 2023, to seek permission.

The process typically takes six months to a year. Until then, those named continue to show criminal cases on record, including during police verification for passport applications.

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The GR, renewed periodically and valid until the end of this month, has previously been used to withdraw cases tied to protests on public-interest issues.

Despite withdrawal assurance, Mumbai Police keep summoning CJP protesters Several protesters gathered in Dadar in support of the Cockroach Janta Party (CJP) protest were detained by Mumbai Police on Thursday. (Express Photo By Ganesh Shirsekar)

Previous instances

The state has used this mechanism before. Cases against Aarey tree-felling protesters in 2019 were withdrawn after the prosecution moved court, closing in 2021. Cases against activists and lawyers who protested the JNU attack and the CAA in 2020 closed only in 2023, after the state issued a GR in September 2022 and the committees and court cleared the withdrawal.

Mohamed Thaver is a highly specialized journalist with the Expertise and Authority required to report on complex law enforcement and legal issues. With a career dedicated to the crime beat for over a decade, his work provides readers with informed and trustworthy insights into Maharashtra's security and justice systems. Experience & Authority Core Focus: Has been exclusively covering the crime beat for over a decade, building deep, specialized knowledge in the field. Geographical Authority: Currently focuses heavily on law enforcement and policy in Maharashtra, providing authoritative coverage of the state's security apparatus. Key Beats: Law Enforcement: Reports on the operations of the Maharashtra Police and the Mumbai Crime Branch. Policy & Administration: Covers the Maharashtra Home Department, focusing on policy matters related to handling law and order and the evolution of the police force. Judiciary: Has significant past experience covering the courts, giving him a comprehensive understanding of the entire criminal justice process from investigation to verdict. Specialized Interest (Cyber & Forensics): Demonstrates Expertise in modern investigative techniques, with a keen focus on cyber crime and forensics, reporting on how these technologies assist complex crime investigations. Content Focus: His reports revolve around police probes, the evolution of the force, and state policy, ensuring his content is highly relevant and detailed. Credentials & Trustworthiness Mohamed Thaver’s long-standing specialization in the crime beat—combined with his focus on technological aspects like cyber crime and his direct coverage of major institutions like the Mumbai Crime Branch and the Maharashtra Home Department—underscores his Trustworthiness and status as an expert source for detailed and reliable journalism on law and order. He tweets @thaver_mohamed ... Read More

Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues. Expertise  Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports. Core Authority & Focus: Her work primarily centers on: Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system. Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on: Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates. Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children. Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions. Experience Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor. Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape. Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism. She tweets @sadafmodak ... Read More

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