The paramount consideration in granting consent for withdrawal from prosecution is the interest of administration of justice.

( 1 ) VIDE above captioned 4 petitions under Section 482 of the Code of Criminal Procedure, 1973 a challenge is laid to the common order dated 30. 1. 2004 passed by the Additional Session Judge whereby revision petition filed by the public prosecutor against the order dated 3. 11. 2001 passed by the learned metropolitan Magistrate refusing to grant permission to the prosecution to withdraw cases against petitioners was/were dismissed.

( 2 ) THE facts giving rise to the present petitions are that four complaints were filed against accused persons on similar facts, inter alia stating as under:-

A. That on 4. 4. 1994, Sanjeev Gupta, D. P. Singh and C. B. Bopora, inspectors of Prevention of Food Adulteration Department visited M/s. V. S. Dry fruit at shop No. 494 A, Katra Ishwar Bhawan, Khari Baoli, Delhi for taking samples of food articles for analysis. B. A mob gathered and petitioners did not allow the officials to take samples and along with some other persons abused, assaulted, obstructed and manhandled the officials and also prevented them from taking samples of the food articles for analysis. C. That matter was reported to the local police and FIRs bearing no. 90/94, 91/94, 93/94, 94/94 were registered under Sections 186, 353, 34 of the Indian Penal Code read with Section 16 (1) (c) of the Prevention of Food adulteration Act.

( 3 ) COMPLAINTS remained pending since 1994 and till the year 2000 no meaningful progress was made. On 10. 11. 2000, an application was moved by the public prosecutor under Section 321 of Code of Criminal Procedure, 1973 seeking permission to withdraw the prosecution.

( 4 ) VIDE order dated 3. 11. 2001, the said application was dismissed by the learned Metropolitan Magistrate.

( 5 ) AGAINST the said order of the learned Metropolitan Magistrate, revision petitions were filed by the public prosecutor. Vide impugned order dated 30. 1. 2004, the learned Additional Session Judge dismissed the said revision petitions.

( 6 ) AGGRIEVED by the said dismissal of the revision petition, present petitions have been preferred by the petitioners.

( 7 ) THE controversy in the present petitions revolve around Section 321 of the Code of Criminal Procedure, 1973 which is being reproduced hereinbelow:-

"321. Withdrawal from prosecution " The Public Prosecutor or Assistant public Prosecutor in charge of a case may, with the consent of the Court at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and upon such withdrawal,- (a) If it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences; (b) if it is made after a charge has been framed, or when under this Code no charge is required he shall be acquitted in respect of such offence or offences: provided that where such offence- (i) was against any law relating to a matter to which the executive power of the Union extends, or (ii) was investigated by the Delhi Special Police Establishment under the delhi Special Police Establishment Act, 1946 ( 25 of 1946), or (iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or (iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, and the prosecutor in charge of the case has not been appointed by the Central government he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecution to produce before it the permission granted by the Central Government to withdraw from the prosecution. "

( 8 ) PRINCIPLES enunciated by the Supreme Court in relation to section 321 of Code of Criminal Procedure 1973 may be culled out.

( 9 ) STATE of B