1. The challenge in this appeal by special leave is to the legality of the order dated 3rd February, 1993 passed by Chettur Sankaran Nair, J. of the Kerala High Court allowing Criminal Revision No.762 of 1992 filed by the State of Kerala and setting aside the order dated 16th October, 1992 passed by the Special Judge, Idamalayar, in Crl.M.P.No.79 of 1992 in C.C.1 of 1991 declining to give consent to the Public Prosecutor to withdraw the prosecution against the sixth accused - G. Gopalakrishna Pillai, former Secretary, Irrigation and Power to the Government of Kerala.

2. The material facts may now be briefly stated. Idamalayar Dam as a part of the Idamalayar Project was sanctioned by the Planning Commission and huge expenditure in its construction was incurred upto March, 1985. However, in the trial run itself on 15-7-1985 a number of leaks were discovered in the tunnel exposing the inferior quality of construction work which was a matter of grave public concern giving rise to ventilation of that concern through the press and even in the State Legislative Assembly. There was public outcry of a judicial probe into the matter. Extensive repair at considerable cost had to be