Whether decision taken by State Government for withdrawal of cases is open to judicial review or not ?

Allahabad High Court: There was a petition made to the High Court of Allahabad under section 226 in which following questions were sought to be cleared:

"1. Whether the power of withdrawal can be exercised by State Government under Section 321 of Code of Criminal Procedure in a whimsical or arbitrary manner or it is required to be exercised for the considerations, just, valid and judicially tenable? 
2. Whether decision taken by State Government for withdrawal of cases communicated to Public Prosecutor with direction to proceed ahead is open to judicial review or not in a writ jurisdiction under Article 226 of the Constitution of India? 
3. Whether State Government should not be required to make scrutiny of various criminal cases pending in Subordinate Courts to find out if they deserve withdrawal in exercise of powers under Section 321 Cr.P.C. irrespective of fact that accused or anyone else has approached the government for this purpose or not? "

The writ petition was filed by an under trial person who had pleaded to the Chief Minister to withdraw the case against him. The application was then forwarded to the District Magistrate for his view on the matter to which the magistrate opined not to withdraw the case and to let the trial continue. The view was sought from Assistant Public Prosecutor, Senior Public Prosecutor and Superintendent of Police who all gave the same view not to withdraw the case. The matter was finally referred to a committee of 2 member, Shri R.M.Srivastava, the then Principal Secretary (Home) and Shri S.K. Pandey, the then Principal Secretary Law and Legal Remembrancer who then gave their opinion that the case is doubtful and it should be withdrawn.

In the meantime, the accused who was facing trial filed the writ petition in the Court and sought the direction of the court in the matter. The Court took serious note of the manner in which power under Section 321 Cr.P.C. was sought to be exercised. The court answered the issues as below:

"Issue No. I: State Government is not at all free to exercise its authority under Section 321 Cr.P.C. in whimsical or arbitrary manner or for extraneous considerations apart from just and valid reasons. 
Issue No. II: The decision taken by the State Government for withdrawal of the case communicated to the Public Prosecutor, is open to judicial review under Article 226 of the Constitution of India on the same parameters as are prescribed for invoking the authority of judicial review. 
Issue No. III: The State Government is free to act under the parameters provided for to make scrutiny of criminal cases pending in subordinate courts to find out as to whether they deserve withdrawal under Section 321 Cr.P.C. or not as it is in the realm of the policy decision, and call on the said score has to be taken by the State Government and same has to be based on the parameters required to be observed while moving an application for withdrawal of prosecution under Section 321 Cr.P.C. "

Read the full judgement here.