JUDGMENT

Rakesh Kumar, J.—Whether under Section 321 of the Code of Criminal Procedure, 1973,

(hereinafter referred to as “New Code”) the Public Prosecutor is solely authorized to file a petition for withdrawal from prosecution even in a case which is being prosecuted by the Additional Public Prosecutor, in charge of a case? This is the moot question to be answered in the present Revision petition.

2. The present Criminal Revision petition under Section 397 and 401 of New Code was filed against an order dated 03.06.1980 passed by learned IVth Additional Sessions Judge, Patna in Sessions Trial No. 72 of 1974. By the said order the learned court below allowed the petition filed by the Public Prosecutor, Patna seeking permission of the Court to withdraw from prosecution and secondly allowing withdrawal petition acquitted all the accused persons of the case whereas after filing of the petition for withdrawal from prosecution, the Additional Public Prosecutor who was conducting the case had filed an objection petition to withdrawal petition filed by the Public Prosecutor. Similarly the informant of the case had also filed an objection petition against the prayer for withdrawal from prose