JUDGMENT

Dipak Misra, CJI.

The 4th respondent faced a criminal proceeding for offences punishable under Sections 195A and 506 of Indian Penal Code. During the pendency of the criminal case, a petition was filed by the Public Prosecutor to withdraw from the prosecution. The learned Chief Judicial Magistrate vide order dated 04.01.2012 allowed the application and permitted the Public Prosecutor to withdraw from the prosecution.

2. The said order was assailed by the appellant herein, in Criminal Revision Petition Nos.2020 and 2021 of 2012. It was contended before the High Court that the learned Chief Judicial Magistrate totally ignoring the controversy involved in the case has passed the impugned order and that apart, he has not remained alive to the exercise of jurisdiction under Section 321 of the Code of Criminal Procedure (for short, "the CrPC?). The Court referred to the decisions in Sheo Nandan Paswan v. State of Bihar, AIR 1987 SC 877 Peoples Union for Civil Liberties (Delhi) v. Central Bureau of Investigation and others, 1997 Cr.L.J 3242 State of Kerala v. Vijayakumar, Crl.R.P. No. 3543 of 2008 and Rajender Kumar Jain v. State of Bihar, AIR 1980 SC 1510 and came to hold that