(1.) A number of offences were committed between the period 2000 and 2009, including under various provisions of The Explosive Substances Act 1908, The Prevention of Terrorism Act 2002, The Unlawful Activities (Prevention) Act 1967, The Official Secrets Act 1923, offences under Chapter VI of the Indian Penal Code 1860 and The Criminal Law Amendment Act in various districts viz. Varanasi, Gorakhpur, Bijnor, Lucknow, Kanpur Nagar, Rampur and Barabanki. The crimes, thus committed, included bomb-blasts at different places at different times in various districts. Consequent to commission of crimes, first information reports (F.I.Rs. ) were registered. On investigation, incriminating material was collected against certain accused whereupon charge-sheets have been filed in various Courts. In some cases, trial has commenced, whereas in some cases accused are absconding.
(2.) Hon'ble Chief Justice by order dated 15.7.2013 has referred the matter to the present larger Bench to decide the questions formulated by Division Bench . In consequence thereof, we have heard the learned counsel representing the parties.
(3.) From a perusal of the referral order of the Division Bench, it appears that in spite of order passed by the Court, the State did not place on record the copy of the instruction issued by it to different Prosecuting Officers of the respective courts for withdrawal of cases. To ascertain the factual matrix, we directed the State Government to place the entire material on record including the instruction issued by the government and the copy of applications moved by the respective presenting officers.