1. The short question for consideration in this petition filed under S.482 of the Code of Criminal Procedure is whether in a summary trial case for which the procedure is that of a summons case after the examination of some only of the prosecution witnesses, the Magistrate could by himself, inspite of the objection from the prosecution, dispense with the remaining prosecution witnesses on the ground that the case is not going to improve even if they are examined and proceed to acquit the accused under S.255(1). That is what the Judicial First Class Magistrate, Ernakulam has done in ST 36 of 1982, a case instituted on police report as a result of investigation conducted as ordered by the Magistrate under S.156(3) on a complaint filed by the petitioner. Crl. RP 33 of 1984 filed by him was dismissed by the Sessions Judge, Ernakulam.

2. There were 7 witnesses in the charge. On 22-12-1983 three out of the five occurrence witnesses were examined and the case was adjourned for trial to 27-12-1983. On that day since summons was not issued to the other witnesses petitioner applied for issue of summons and it is said that the Assistant Public Prosecutor was absent on that day. Tha