Bairam Muralidhar vs State Of A.P

The Supreme Court upheld the decision of the High Court which concurred with the trial court's refusal to permit withdrawal of prosecution under Section 321 of the Code of Criminal Procedure. The Court emphasized that the public prosecutor must exercise independent judgment and that the mere existence of a government order recommending withdrawal does not suffice without sufficient grounds. The Court affirmed the trial court's view that the nature of the offences under Section 7 and Section 13(1)(d) of the Prevention of Corruption Act warranted continuation of the prosecution.