behalf of the respondent in the proceedings taken out
by the petitioner being criminal revision application
No. 383/2000 , decided on 21st January, 2002. The
order passed on 21st January, 2002 by this court is
placed on record at page -8 of the paper book. It is
clearly noted that the learned APP, appearing for the
Respondent in the said proceedings, made a statement
that the government is withdrawing the prosecution.
It is on that basis the revision application came to
be disposed of. Relying on the said document, the
petitioner asserts that since the respondent has taken
a conscious decision to withdraw the prosecution
launched against the petitioner but even then the
petitioner is required to face the trial pending
before the lower court as no formal application has
been taken out before the trial court in that behalf.
Inspite of the repeated opportunity granted by this
court even after admitting the application on 19th
May, 2004, no reply has been filed contradicting the
assertions made in the petition. The assertions made
in the petition are supported by the documents which
are already on record. The learned APP appeared
before this court submits that he is still awaiting
direction/ instruction from the concerned department
about the stand to be taken on behalf of the
