JUDGMENT

GUPTA, J.:- By his order dated November 19, 1974 the First Additional Sessions Judge, Etawah, allowed the application of the Public Prosecutor, Ethawah, to withdraw the prosecution against respondents Chandan Lal and Baldeo Prasad. A revisional application directed against the order was dismissed in limine by the Allahabad High Court. In this appeal by special leave the propreity of the order allowing withdrawal of the prosecution is in question.

2. The facts of the case, relevant for the present purpose, are as follows. On the morning of May 27, 1970 two reports concerning the same incident were lodged in quick succession by two persons; the first report was made by one Ram Narayan at 6.15 A. M. and the next at 6.30 A.M. by the appellant Bansi Lal at Etawah police station. The reports said that respondent Chandan Lal and several others had forcibly caught hold of Bansi Lal s sister s husband Mewa Ram and dragged him inside Chandan Lal s house and when attracted by his screams several persons attempted to rescue Mewa Ram, the other respondent Baldeo Prasad and one Sukh Lal closed the door from inside. Bansi Lal s report added that one of the inmates of the house standing on