TABARAKULLAH Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, learned A.G.A. Sri Rajendra Kumar Dwivedi and perused the material on record.

(2.) LEARNED Counsel for the petitioner submits that earlier the Government issued a G.O. dated 24.12.2001 vide G.M. No. 566 saying that his excellency the Governor has authorized the public prosecutor to move an application in the Court for withdrawal of the case in respect of the provisions of section 3/7 E.G. Act. Thereafter, another G.O. is said to has been issued nullifing the effect of this G.O. The learned Counsel submits that the new Government Order cannot have retrospective effect in the ab­sence of any specific provision. The learned A.G.A. on the other hand submits that even if it is so there is no provisions for auto­matic closure of such cases. It only author­izes the public prosecutor to move an ap­plication for withdrawal of the case but in the present case admittedly no such appli­cation was moved. Be that as it may.

(3.) IN view of the above, this petition is disposed of finally with the direction to the Court below to pass appropriate orders in accordance with law on the aforesaid ap­plication dated 28.7.2008 and other similar applications if any moved by the petitioner before the Court below. Petition Disposed Of.