The court emphasized that a trial cannot proceed when the basis of the prosecution is fundamentally undermined, thus affirming judicial efficiency.

ORDER

The petitioners are accused Nos.3 and 4 in Crime No.47 of

1995 registered at the Tirur Police Station for offences under Sections 143, 147, 148, 323, 324, and 325 read with 149 of IPC . The crime was registered on the allegation that, on 29.01.1995 at about 2 P.M., the accused, in furtherance of their common object, formed into an unlawful assembly and armed with deadly weapons like iron rod, bamboo stick etc., trespassed into the premises of the Girls High School, Tirur and assaulted CWs 1 and 2, resulting in fracture to the left hand of CW1. On filing of final report, the case was numbered as CC No.781 of 2000 on the files of the Judicial First Class Magistrate Court, Tirur. All accused, except the petitioners and the 2^nd accused, faced trial in that case and were acquitted by Annexure A2 judgment. By reason of petitioners’ absence, the case against them was split up and refiled as CC No.881 of

2006.

2. The learned counsel for the petitioners submits that pursuant to this Court’s interim direction, the petitioners surrendered before the trial court, were enlarged on bail and the case renumbered as CC No.881 of 2006 itself. It is contented that by reason of the findings in Annexure A2 judgment, the substratum of the prosecution case stands shattered and no purpose will be served by compelling the petitioners to face trial. In support of the argument, attention is drawn to paragraph 3 of the judgment.

3. I heard the Public Prosecutor also.

4. A perusal of Annexure A2 judgment shows that the injured witnesses were not examined and the only eye witness examined as PW1 had turned hostile. The trial court therefore decided to give up the other prosecution witnesses and proceeded to acquit the accused, observing that even if the remaining witnesses are examined no useful purpose will be served. As contended, by reason of the above findings, the substratum of the prosecution case is lost and no purpose will be served by continuing the proceedings against the petitioners, except wastage of valuable judicial time.

In the result, this Crl.M.C is allowed and all further proceedings against the petitioners in CC No.881 of 2006 on the files of the Judicial First Class Magistrate Court, Tirur, is quashed.