S.S.SANDHAWALIA, J.

1. Whether the State Government can review or recall its decision under Section 378 of the Code of Criminal Procedure, 1973 to prefer an appeal against an order of acquittal, before its actual presentation in the High Court is the somewhat significant question which falls for determination before this Full Bench.

2. The facts giving rise to the issue though of somewhat political prominence, lie in a narrow compass. On the Baisakhi day of April 13, 1978, a gruesome incident took place near the Railway Stadium, Amritsar, in which as many as 17 persons, including Dharamvir Singh, the son of Lal Singh petitioner, lost their lives. Consequent thereto a criminal case was registered in which Baba Gurbachan Singh (now dead), the then Head of the Nirankari Sect, and sixty respondents were challenged and committed to sessions to stand their trial on the charges of murder, criminal conspiracy and other allied offences. Later, under the orders of the Supreme Court of India the case was transferred to the Court of Session at Karnal for trial. Mr. R.S. Gupta, the learned Sessions Judge, Karnal, by his judgement dated January 4, 1980, acquitted all the accused persons.