Judgment

TULZAPURKAR, J. (Minority view):- By this appeal, preferred on the basis of the special leave granted to him, the appellant is challenging the withdrawal from the prosecution of respondents Nos. 2, 3 and 4 in a criminal case under S. 321 of the Criminal Procedure Code, 1973.

2. After obtaining the requisite sanction from the Governor, on 19th Feb., 1979 a charge-sheet in Vigilance P. S. Case No. 9 (2) 78 was filed by the State of Bihar against respondent No. 2 (Dr. Jagannath Misra), respondent No. 3 (Nawal Kishore Sinha), respondent No. 4 (Jiwanand Jha) and three others (K. P, Gupta, since deceased, M. A. Haidari and A. K. Singh, who later became approvers) for offences under Sections 420/466/471/109/120-B, I. P. C. and under S. 5 (1) (a), 5 (1) (b) and 5 (1) (d) read with S. 5 (2) of the Prevention of Corruption Act, 1947. Inter alia, the gravamen of the charge against the respondent No. 2 was that at all times material he was either a Minister or the Chief Minister of Bihar and in that capacity by corrupt or illegal means or by otherwise abusing his position as a public servant, he, in conspiracy with the other accused and with a view to protect Nawal Kishore Sinha in part