JUDGMENT

R. A. Mehta, J.- The Revision Application by the State is directed against the order of learned Special Judge, Nadiad, refusing consent to withdrawal of prosecution under the Prevention of Corruption Act. The ground for withdraw of prosecution stated in the application is "reasons of the State". The learned Sessions Judge has rejected that application on two grounds, namely, (1) that the offence being under the Central Act, the executive power of the Union extends to the subject-matter of prosecution and, therefore, it cannot be withdrawn at the instance of the State agency; and (ii) there is no reason disclosed which would enable the court to accord its sanction.

2. Section 321, Criminal Procedure Cod e provides for the withdrawal from prosecution and it provides that "a Public Prosecutor in: charge of the case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person". It is further "provided that where such offence was against any law relating to a matter to which the executive power of the Union extends", permission of the Central Government to withdraw from the prosecution is necessary. Since the off