An important point of law has been raised by the learned Counsel for the petitioner, viz., whether under section 494, Criminal Procedure Code, subject to the satisfaction of the Magistrate, it is enough to give consent to the Public Prosecutor for withdrawing the case or that it should record its reasons for doing so. There are conflicting decisions on this point of various High Courts. Therefore, it will be proper that an authoritative opinion should be given by a Bench. The learned Counsel for the respondents has also brought to my notice that the petitioner has no locus standi, but this point also can be considered along with the question that I am referring for consideration and decision to a Bench.

2. The papers may therefore, be placed before the Hon’ble the Chief Justice for constituting a Bench.

3. Pursuant upon the said order the case came on for hearing before the Bench (Kondaiah and A.D.V. Reddy, JJ.).

P. Chennakesava Reddi, for Petitioner.

S. Dasaratha Rami Reddi, for Respondent No. 1.

C. Padmanabha Reddi and Y. Rama Reddi, for Respondents Nos. 2 to 14.

Public Prosecutor on behalf of State, the 15th Respondent.

The Judgment of the Bench was delivered by

Kondaiah, J.-This