The Supreme Court on Monday stepped in to resolve a possible face-off between the Uttar Pradesh Government and Allahabad High Court after the latter wished to know from the State the number of criminal cases wherein the prosecution applied for a closure in the last two years and the grounds, thereof. Staying the May 7 order passed by a Division Bench of HC, the Supreme Court Vacation Bench of Justices AK Sikri and UU lalit issued notice to the petitioner in the HC, at whose instance the order was issued. The State, represented by senior advocate Vijay Bahadur Singh assisted by advocate Ravi P Mehrotra, cried foul over judicial overreach by the HC. It said that the power to withdraw prosecution is within the exclusive domain of executive, vested in it by Section 321 of Criminal Procedure Code.

The HC had called for a list of cases in the last two years where the case was closed at the instance of the State and the reason underlying the decision to withdraw prosecution. It was alleged by the petitioner who approached HC that persons of a particular caste were being favoured by the State Government and only their cases were withdrawn. The HC had emphasized how criminal trial could be set at naught after the charge sheet was filed. The State in its appeal argued that it was empowered to take executive decision of this kind in the “larger interest of justice” and faulted the HC for travelling beyond the scope of the CrPC provision and the settled position of law.