Code of Criminal Procedure, 1973–Sec. 321–Withdrawal of prosecution–Permission for–Declined to grant–Justification–Petitioners are the senior bureaucrats and no case was made out against the concerned minister–Merely on the basis of the opinion of Investigation Officer, it would be unreasonable to prosecute the senior officials–No ample evidence to sustain the charge against the private petitioners–No allegation against the public prosecutor that his actions are born out of malafide intentions or that he is recipient of any improper consideration or that he has not preferred the application out of good faith–Possibility of conviction is very bleak–No case of criminal misconduct or colourable exercise of powers or providing benefit to a third party–Application u/s. 321 deserves to be allowed.
