- (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. It has been contended that Sri Irshad Husain, Special Judge (E. C. Act), Bijnore, in exercise of his jurisdiction has acted in a wholly discrimina tory manner in rejecting the application of the Public Prosecutor under Section 321, Cr. P. C. for withdrawal of the case against the applicants whereas an identical application on same facts moved for withdrawal of Case No. 6 of 1994, State v. Shakeel Ahmad, under Section 3/7, E, C. Act has been allowed vide order dated 29-6-1994. A copy of the order dated 29-6-1994 has been placed before me in the Court by the learned counsel of the applicants. It has been urged that if two orders, one impugned in the case arid the other passed in Shakeel Ahmad's case (supra) are compared then it would lead to irresistable conclusion that the Special Judge is adopting pick and choose policy in deciding similar appli cations.
(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of E. C. Act in its application to U. P. shall remain suspended and prosecution launched and/or pending shall be withdrawn.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. In order to appreciate the controversy better, certain relevants facts may be stated.;