Judgment

BHAGWATI, J.:- This group of three Criminal Appeals by Special Leave can be divided broadly into two categories : one category consisting of Criminal Appeals Nos. 308 & 309 of 1975 and the other, consisting of Criminal Appeal No. 310 of 1975. We are disposing of them by a common judgment since the question which arises for consideration in both sets of appeals is as to what is the extent of the power of the Court to give consent to withdrawal of prosecution and discharge of the accused under Section 494 of the Criminal Procedure Code.

2. Taking up first Criminal Appeals Nos. 308 and 309 of 1975, both these criminal appeals arise out of prosecutions launched in respect of offences alleged to have been committed in the course of the same incident. The police filed a case against nine respondents in Criminal Appeal No. 308 of 1975 charging them for offences under Sections 143, 341 and 188 of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act. It appears that before the trial could proceed against the respondents, an application was made by Court Sub-Inspector, who was in charge of the prosecution, praying for permission for withdrawal of the prosecution on t