TMI Blog1986 (9) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... on to the Public Prosecutor to withdraw from the prosecution under Section 494 of the CrPC, 1898 to satisfy itself that the executive function of the Public Prosecutor has not been improperly exercised or that it is not an attempt to interfere with the normal course of justice for illegitimate reasons or purposes. The ultimate guiding consideration while granting a permission to withdraw from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Department who went on one day's token strike on September 19, 1968 and who were not involved in any such acts of violence and destruction, should be withdrawn. In accordance therewith, the Public Prosecutors moved applications under Section 494 of the Code for permission to withdraw from the prosecutions. In due course, the applications were allowed on the learned Magistrates being satisfie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reason whatever. We need not enter into the controversy whether this Court having in M.N. Sankarayarayanan Nair v P.V. Balakrlshnan and Ors. referred to the decision of the Full Bench of the Kerala High Court in Dy Accountant General (Admn.), Office of the Accountant General, Kerala, Trivandrum v State of Kerala and Ors. while laying down the requirements of s 494 of the Code, this was tacit appro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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