PRAMOD KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) K. L. Sharma, J. This petition under Section 482, Cr. P. C, has been preferred by Framed Kumar Gupta and others who stand charged under Section 3/7, Essential Commodities Act for quashing the order dated 2-6-94 passed by the Special Judge as well as the proceedings of Case No. 2 of 1994 pending in the Court of Special Judge (E. C. Act), Bijnore.

(2.) I have heard the learned counsel for the applicant as well as the learned A. G. A. and perused the materials brought on record.

(3.) ANOTHER point emphasised by the learned counsel of applicants is that the applications for withdrawal of cases under Section 3/7, E. C. Act are being moved in compliance of the policy decision of U. P. Government. The policy decision envisages that provisions of E. C. Act in its application to U. P. shall remain suspended and prosecution launched and/or pending shall be withdrawn. So if applications had been moved by the Public Prosecutor in this regard in two cases of identical nature, then the Special Judge could not have legally taken one decision favouring Shakeel Ahmad and another quite contrary decision in applicant's case.