Judgment

A. N. SEN, J.:- After obtaining requisite sanction from the Governor, a charge-sheet in Vigilance P. S. case No. 9 (2)-78 was filed by the State of Bihar against the respondents and three others for offences under Ss. 420/466/471/109/ 120-B. I. P. C. and under Ss. 5 (1) (a), 5 (1) (b) and 5 (1) (d) read with S. 5 (2) of the Prevention of Corruption Act, 1947. On the application of the Special Public Prosecutor made under S. 321 of the Code of Criminal Procedure the Special Judge, Patna in whose Court the case was pending, permitted the withdrawal of the case by the Prosecution. The validity of the withdrawal of the said case by the Prosecutor was challenged by the Petitioner in a Cr. Revision filed in the High Court at Patna. The Revision Petition was dismissed by the Patna High Court. Against the judgment and order of the Patna High Court dismissing the revision petition, the Petitioner filed an appeal in this Court with special leave granted by this Court. The appeal filed with special leave of this Court, came up for hearing before a Bench of this Court consisting of V. D. Tulzapurkar, J. Baharul Islam, J. and R. B. Misra, J. The appeal was heard at length for a number o