The main legal point established is the application of the principle of stare decisis in quashing trial proceedings when there is no prospect of conviction.

( 1 ) HEARD learned counsel for the applicant, learned A. G. A. and learned counsel for the opposite party No. 2.

( 2 ) THE brief facts, giving rise to the present application, are that opposite party No. 2 informed the S. O. Kuraoli district Mainpuri that his son Pawan was missing. This information was entered in G. D. No. 39 dated 24. 4. 2000 at 7. 55 P. M. On 25. 4. 2000, opposite party No. 2 again informed the police regarding his suspicion against non-applicant Brajesh @ Pappi and his friend shilendra. On this basis, the case was registered. Co-accused Brajesh @ Pappi and Shilendra were arrested but they did not disclose the name of the applicant. The dead body was recovered on 25. 4. 2000. The recovery of knife was also made. After completing the investigation, the charge sheet was submitted, which is Annexure No. 8. The applicant, being below the age of 16 years, was declared juvenile by the A. C. J. M. Mainpuri in his order dated 20. 5. 2000. The co-accused were put to trial and acquitted by the judgment of the Court in S. T. No. 368/2000, which was delivered on 6. 1,2003. The witnesses of the occurrence are the same against the present applicant as well. If the applicant is put to trial, he will be put to unnecessary harassment, without any result.

( 3 ) I have perused the copy of the judgment recorded by the trial judge in S. T. No. 368/2000. The judgment shows that PW-1 Prem Raj Singh was declared hostile. PW-2 Dalvir Singh and PW-3 mohabbat Singh have also not supported the case. Thus, in view of no evidence, the co-accused brajesh @ Pappi and Shilendra were acquitted.

( 4 ) THE opposite party No. 2 has filed a counter affidavit but did not refuse this fact that co-accused were acquitted.

( 5 ) LEARNED counsel for the applicant has submitted that in the given circumstances, the principle of stare decisis is applicable and conviction of present applicant cannot be procured. The judgment of this Court reported in 2005 (51) ACC 955 - Pradeep @ Bhondu @ Bantoo v. State of U. P. has been relied upon in which reliance was placed on Diwan Singh v. State (1965 (2)ACC 118 ). In the case of Diwan Singh (supra), it has been held:

"if two persons are prosecuted though separately, under the same charge for offences having been committed in the same transaction and on the basis of the same evidence, and if one of them is acquitted for whatever may be the reason and the other is convicted, then it will create an, anomalous position in law and is likely to shake the confidence of the people in the administration of justice. "

( 6 ) IT is settled view that this Court in exercise of power under Section 482 of the Code of criminal Procedure, may quash the proceedings of the trial taking into account the principle of stare decisis. Whenever, there is no prospect of the case ending in conviction, the valuable time of the Court should not be wasted for holding trial only for the purpose of completing the procedure to pronounce the conclusion on a future date. In such matter, it is always advisable to terminate the proceedings at the stage of discharge.

( 7 ) IN the present case, the informant and the witnesses of recovery have not supported the prosecution case nor named the applicant as assailant. If the applicant is put to trial, the same evidence would be repeated and after wasting the precious time of the trial court, the result would be acquittal.

( 8 ) CONSEQUENTLY, the application under Section 482 Cr. P. C. is allowed. The proceedings of S. T. No. 368 of 2000 with juvenile case No. 18 of 2002 State v. Sanju @ Sanjeev Kumar under sections 364/302/201 Indian Penal Code, police station Kuraoli, district Mainpuri arising out of case crime No. 201/2000 is hereby quashed. The applicant, if on bond, need not surrender and the surety bond/personal bond shall stand discharged.

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