- (1.) K. N. Sinha, J. By means of the present application under Section 482 of the Code of Criminal Procedure, the applicant has sought for quashing of order dated 8-10-2002 passed by the Special Judge (E. C. Act), Varanasi in Case No. 24 of 1995, State of U. P. v. Satya Prakash, under Section 3/7, Essential Commodities Act of Police Station Rohaniya District Varanasi.
(2.) THE brief facts, giving rise to the present application, are that an F. I. R. was lodged at Police Station Rohaniya District Varanasi under Section 3/7, Essential Commodities Act, which was registered as case crime No. 69/1995, by which the applicant accused Satya Prakash was not displaying the stock and rate chart outside the shop and he also did not provide stock register and distribution register. Besides this, some other irregularities were found, hence Sri D. P. Shukla, Food Inspector, Kashi Vidyapeeth, Varanasi lodged the report. The case was investigated and charge-sheet was submitted against the accused appellant. The Special Judge (E. C. Act) called for the evidence in the matter and proceeded with the case. While the case was proceeding, the Government issued a Government Order dated 30-10-2001, withdrawing all the prosecutions in respect of Section 3/7 of the Essential Commodities Act. The Public Prosecutor moved an application for withdrawal of the prosecution but the same was rejected by the Court. Hence this application.
(3.) I have heard the learned counsel for the applicant and the learned A. G. A. and perused the Government Order No. 2574/29-7- 2001 (Annexure-4 to the application ). This Government order shows that Government of U. P. decided to withdraw all the cases pending in various Courts under the Essential Commodities Act, at whatever stage, they were proceeding. The learned counsel for the applicant has submitted that Section 321 of the Code of Criminal Procedure lays down that Public Prosecutor, with the consent of Court, at any time, before the judgment is pronounced, may withdraw from the prosecution of any person, either generally or in respect of any one or more of the offences, of which he is tried. This provision also lays down that if the charges are framed, the accused shall be acquitted and if charge has not been framed, the accused shall be discharged.;