CITIZENS OF TIRTOL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This petition was registered on the basis of a letter addressed to the Honourable the Chief Justice of this Court alleging that at the behest of the Deputy Chief Minister of the State eleven criminal cases were intended to be withdrawn, and this amounted to interference with the judicial process. A copy of letter from the Under Secretary to Government, Home (Special Section) Department addressed to the District Magistrate, Jagatsinghpur requiring him to furnish his view was enclosed to the petition along with the letter alleged to have been written by the Deputy Chief Minister.

(2.) In the counter affidavit filed by the State, it has been stated that S. 321 of the Code of Criminal Procedure, 1973 (in short, the 'Code') lays down the procedure for withdrawal of case, and the allegations are frivolous and motivated as the stage of withdrawal has not come and the matter is under consideration on the basis of suggestion given by the Deputy Chief Minister.

(3.) At this juncture a reference to S. 321 of the Code so far as it is relevant is necessary. The same reads as follows :