JUDGMENT

Rajendra Babu, J.-An application under Section 340 of the Criminal Procedure Code was laid by the respondent in the Designated Court at Bombay. The appellant had been conducting the cases as the Chief Public Prosecutor before the Designated Judge in what is popularly known as "Bombay Blast Cases". The respondent urged in his petition that the appellant before us being a public prosecutor had an onerous duty and had to act in a fair manner and at one stage of the proceedings both orally and in writing had submitted to the court that the material on record was sufficient to frame charges against various offences arising under Chapter VI of the Indian Penal Code like waging war against the State, etc., after adverting to the decisions of this Court. However, at a later stage of the proceedings in the same case, the, appellant urged the Designated Court to drop the charges under Sections 121 and 121A IPC against all the 157 accused as there was no material. Thus he made statements which were contradictory to the earlier stand taken by him and left the matter to the discretion of the court to accept one or the other version to be true in order to secure the ends of justice. Apa