Special Sessions Judge (SC/ST) at Barabanki Kalpana Mishra rejected the application moved by the government on April 26 to withdraw cases against Tariq Kasmi and Khalid Mujahid, who are also accused in the Gorakhpur serial blasts case.
After the court order, UP Minister Azam Khan said in Lucknow the state government would file an appeal against it.
"This is not the last court. An appeal would be filed against the Barabanki court decision," he said.
"But if someone is proved innocent in police investigation he should get justice," he said, adding, "If the government does not do justice with the innocent, it amounts to injustice."
Citing reasons for rejection of the application, Kasmi's counsel Randheer Singh Suman told PTI that the government had said in its application that it wanted to withdraw the case in public interest and for the sake of communal harmony, but had not elaborated on both the points.