E.S.VENKATARAMIAH,J.

(1) I agree that this appeal has to be dismissed. I am of the view that the decision in State of Bihar v. Ram Naresh Pandey interpreting S. 494 of the Code of Criminal Procedure, 1898 and the decision in Rajender Kumar fain v. State interpreting S. 321 of the Code of Criminal Procedure, 1973 do not call for any reconsideration. I am in full agreement with the views expressed in these decisions. I am satisfied that the Public Prosecutor had applied his mind. to the case before applying for withdrawal and the Chief Judicial Magistrate has not committed any error in giving his consent to such withdrawal.

(2) THE appeal is, therefore, dismissed

KHALID

(3) I have just received (at 7.40 p.m. on 19/12/1986) a draft Judgment by Oza J. in the above case. I agree with the conclusion that the appeal has to be dismissed, but not, with respect, with the reasoning contained in the Judgment. Since the case is listed for Judgment on 20/12/1986, I do not have time to write a detailed Judgment.

(4) THE question to be decided" in this appeal is the scope of S. 321 of Criminal Procedure Code and I do not agree with the foll