Judgment

P. JAGANMOHAN REDDY, J.:- Respondent 1 and Respondent 2 were committed on 15th June 1965 by the Second Class Magistrate, Cannanore to stand trial before the Assistant Sessions Judge, Tellicherry the former for offences under Sections 467, 478 and 420 read with Section 109 of the Indian Penal Code while the latter under Sections 467 read with 109, 471 and 420. While the case was pending before the Assistant Sessions Judge, the Public Prosecutor of Tellicherry filed a Memo on 30-11-67 under Section 494 of the Criminal Procedure Code for permission to withdraw from the prosecution which permission was accorded by the Assistant Sessions Judge on 2-12-67. The Appellant who was the Managing Partner of Shree Naravana Transport Company, Calicut filed a Criminal Miscellaneous Petition on 19-2-68 in the High Court of Kerala against the order of the Assistant Sessions Judge according permission to the Public Prosecutor for withdrawing from the prosecution. The High Court held that the Public Prosecutor was justified when he applied for the withdrawal of the case and accordingly dismissed the petition against which this appeal comes up before us by Special Leave.

2. The 1st Respondent w