- (1.) This petition is again a reminder about what can be perceived, if established, as a failure of constitutional obligations by the State and its authorities in exercise of its discretion while flexing statutory executive powers and its consequential impact resulting in failure in the administration of justice.
(2.) The issue in short is the correctness, legality, rationality and validity of the Government Order dated 7th July, 2014 whereby the State Government of Uttar Pradesh has decided to withdraw the prosecution in exercise of its statutory powers under Section 321 Cr.P.C. pending against the 7th respondent, Kamlesh Kumar Yadav, the then Regional Manager, Uttar Pradesh State Industrial Development Corporation Ltd., Kanpur in an offence in Case Crime No. 3 of 2009 under Section 7/13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, Police StationKalyanpur, District - Kanpur, pending trial before the learned Special Magistrate (Prevention of Corruption Act), Lucknow.
(3.) On a presentation of the present writ petition a division bench of this court on 1.8.2014 passed an interim order staying the operation of the order dated 7.7.2014 which order was subsequently continued till further orders by another division bench vide order dated 30.10.2014.;