THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1267 OF 2007 DATED 15th JULY, 2011. BETWEEN : A.Shankaraiah … Revision Petitioner- and The State … Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1267 OF 2007 ORDER: This Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) being aggrieved by the orders dated 07.09.2007 passed in Crl.M.P.No.442 of 2007 in C.C.No.12 of 2007 on the file of Additional Special Judge for SPE & ACB cases, City Civil Court, Hyderabad. Heard both sides and perused the record. Crl.M.P.No.442 of 2007 was filed by the Special Public Prosecutor before the learned trial Judge to accord permission to withdraw the Prosecution against the Accused Officer in view of orders of Government in G.O.Rt.No.359 dated 16.03.2007, which was dismissed by the learned trial Judge. The learned senior counsel, Mr.C.Padmanabha Reddy, submitted that the learned trial Judge dismissed the withdrawal petition on the ground that once sanction is accorded by the Government, it has no right to withdraw the sanction subsequently. Admittedly, in the present case, no such sanction was accorded by the Government since the accused officer had retired from service prior to filing of charge sheet. Learned Senior counsel further contended that the trial Judge ought not have discussed the merits of the case and he is not vested with the power to analyze whether an offence is made out with the material available on record while dealing with a petition filed under Section 321 Cr.P.C. for withdrawal of the case. The learned Public Prosecutor submitted that the trial Judge had considered all the aspects and also considered that the petition filed by the Prosecutor does not contain any reasoning except mentioning the issuance of G.O. by the Government. As rightly pointed out by the learned senior counsel in an application filed under Section 321 Cr.P.C. seeking withdrawal of prosecution, it is the only duty of the trial Judge to find out whether it is a case for withdrawal or not. The learned trial Judge is not empowered to go into the evidence and other material in connection with the offence committed. He has to decide whether such withdrawal is in public interest and whether the Prosecutor has independently adduced reasons for withdrawal of the same. In view of the above discussion, this Court is of the view that the present revision can be disposed by remanding the matter to the Court below for fresh adjudication. Accordingly, the matter is remanded back to the Court below. On such remand, the Prosecutor is at liberty to file a fresh application for withdrawal of the case, if he is so advised, basing on G.O.Rt.No.359 dated 16.03.2007. On such filing, the learned trial Judge is directed to consider the same in accordance with the provisions of Section 321 Cr.P.C. The learned trial Judge is further directed to proceed further in C.C.No.12 of 2007 only after disposal of the application filed by the Prosecutor. With above observations, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 15.07.2011 sur