Having regard to the aforesaid rival contentions that were urged before us by the learned Attorney General and Council on either side it is clear that principally three questions arise for our determination in this appeal, namely, (1) what is the true scope and nature of the power under section 321 of Cr. P.C, 1973 ? (2) whether Shri Lalan Prasad Sinha was competent officer entitled to apply for withdrawal from the prosecution and if so whether he discharged his executive function independently as a free agent? And (3) whether the withdrawal from the prosecution of respondents 2, 3 and 4 in Vigilance P. section Case No. 9 (2) 78 was unwarranted and unjustified on facts as also in law ? In other words, whether the executive function of the Public Prosecutor and or the supervisory function performed by the Court was vitiated on account of extraneous considerations or non application of mind etc deserving interference by this Court ? On the first question section 321 in terms gives no guidance; it merely says that "the Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried" and goes on to indicate the results that entail upon such withdrawal, namely, either a discharge of the accused if the withdrawal is made before the charge is framed or an acquittal of the accused if it is made after the charge has been framed; in other words, it gives no indication or guideline as to in what circumstances or on what grounds the public Prosecutor may apply for withdrawal from the prosecution nor the considerations on which the Court is to grant its consent and hence the necessity to go to decisions of this Court for ascertaining the true scope and nature of the power contained in it.