1. The question as to whether a Public Prosecutor can withdraw under Section 494 of the Code of Criminal Procedure from the prosecution of a case pending before a Magistrate, instituted upon a private complaint, despite the complainants objection to the withdrawal, arises for consideration in this criminal revision which has been referred to the Division Bench in pursuance of my order dated September 15, 1965. It arises under the following circumstances.

2. Harnek Singh lodged a report at Police Station, Phul on 15th October 1964 at 10.40 p.m. that while coming out of a cinema hall along with Surjit Singh at about 9 p.m., his (Harnek Singhs) foot accidentally struck against Avtar Singh who was at that time accompanied by Raj Pal. When four of them came out of the cinema building, Avtar Singh and Raj Pal quarrelled with Harnek Singh but the manager of the cinema intervened and separated them. Shortly thereafter when Harnek Singh and Surjit Singh reached near the Civil Hospital. Phul, they found Raj Pal and Avtar Singh present there. Raj Pal then fired a shot which hit Surjit Singh on his face while Avtar Singh fired a shot at Harnek Singh but missed the target. Gurbux Singh