N. G. CHAUDHURI, J.

( 1 ) IN this appeal a question has been raised as to competence of this appeal or its maintainability as the first point for consideration. For appreciation of the contention facts may be given in brief. A case under S. 403/406/420 I. P. C. was started against the accused opposite party registered as G. R. Case No. 1678 of 1979. After the police submitted charge-sheet in the case, and I am told, after charge was framed the Public Prosecutor (not the Assistant Public Prosecutor attached to the 9th Court of Judicial Magistrate, Alipore, where the case was pending) filed an application for withdrawal from prosecution under S. 321 of the Cr. P. C. 1973. The learned Magistrate by his order dated 24-11-76 refused his consent to the application for withdrawal and amongst other things observed that the Assistant Public Prosecutor did not make the application for withdrawal and there was some difference of opinion between the Public Prosecutor and the Assistant Public Prosecutor. Aggrieved with the order, the accused, as petitioner, filed a revisional application before the Sessions Judge, 24 Parganas on 25-11-76 and on the very same date after hearing the learned Advo

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