JUDGMENT - PALSHIKAR V.G., J.:---By this petition, the petitioner, State of Maharashtra, has challenged the order passed by the Special Court under the provisions of Terrorist and Disruptive Activities (Prevention) Act, 1987 on 15-3-2003 dismissing the application Exhibit 282 in TADA Sessions Case No. 8 of 1993.

2. TADA Sessions Case No. 8 of 1993 is pending before the Designated Court (TADA) at Pune. The said cases are pending for prosecution of the accused therein, some of whom are respondents herein. The charges include charge under section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the Act).

3. Exhibit 282 was filed in TADA Sessions Case No. 8 of 1993 by the Special Public Prosecutor for the State of Maharashtra under section 321 of the Criminal Procedure Code (hereinafter referred to as the Code). By this application the State sought withdrawal of prosecution under section 5 of the Act and requested transmission of the proceedings to regular Sessions Court as it no longer would remain a case triable only by the Special Court. This application was rejected by the learned Judge as aforesaid, which rejection is the subject matter

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