1. An accused who is disgruntled with the proceedings before the trial court (Additional Assistant Sessions Court, Palakkad) where his case was re-opened suo motu for further examination of witnesses under Section 311 of the Code of Criminal Procedure (for short ‘Cr.P.C’) for more occasions than one, that too when posted for Judgment, is before this court with this petition under Section 482 of the Cr.P.C. to quash the order.

2. The accused in S.C.287/2008 including this petitioner (2nd accused ) are facing trial for having committed offences punishable under Sections 143, 147, 148, 324, 341, 308 read with Section 149 of the Indian Penal Code (hereinafter referred to as ‘IPC’).

3. The prosecution allegation against the accused in brief, is that on 15.8.2005 at about 20 hours, they formed themselves into an unlawful assembly with the common object to attack the de facto complainant, trespassed into a Tuition Centre known as ‘Prathibha Tuition Centre’, where he was conducting RSS Physical Training Camp and wrongfully restrained him and caused injuries with deadly weapons and attempted to commit culpable homicide not amounting to murder. Before the trial court, PWs.1 to 7 were