ORDER : These Revision Petitions are registered suo motu against the orders of discharge passed by the learned Judicial Magistrate of the First Class III (Temporary), Kollam invoking the powers under S.258 of the Code of Criminal Procedure. 2. It was brought to the notice of this Court by the Chief Judicial Magistrate Court, Kollam that the courts below had disposed large number of cases invoking S.258 of the Cr.P.C. The cases thus disposed include cases registered under S.15(c) r/w.S.63 of the Abkari Act, S.27(b) of the Narcotic Drugs and Psychotropic Substances Act, and S.279 of the I.P.C r/w. S.185 of the Motor Vehicles Act. 3. On noticing that the manner of disposal of the criminal proceedings had resulted in failure of justice, suo motu Revision Petitions were ordered to be registered. 4. From the proceedings sheet, it is evident that the accused were discharged owing to the failure of the prosecution to procure the presence of the accused before the court. It does not appear from the proceeding sheet that summons were served on the accused or that the non-bailable warrant was returned unexecuted. The order sheet also does not show whether process was actually issued from the court below. 99 5. After admitting these matters, notice was issued to the respondents from this Court and the same was served. However, there is no appearance. 6. Section 258 of the Cr.P.C. is an enabling section which gives power to a Magistrate of the First Class or with the previous sanction of the Chief Judicial Magistrate, any other judicial Magistrate, to stop the proceedings at any stage without pronouncing a judgment by recording the reasons for the same. The provision states that where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, the learned Magistrate shall pronounce a judgment of acquittal. In any other case, the court is empowered to release the accused and such release shall have the effect of discharge. 7. Section 258 can be invoked only in peculiar and unusual circumstances in cases, wherein no prima facie case is made out against the accused or when the accusation does not actually constitute an offence or for the reason that the prosecution is bound to fail on account of a technical defect. 7. Section 258 can be invoked only in peculiar and unusual circumstances in cases, wherein no prima facie case is made out against the accused or when the accusation does not actually constitute an offence or for the reason that the prosecution is bound to fail on account of a technical defect. For the reason that the accused had absconded or that despite the initiation of coercive proceedings, his presence could not be secured is no reason to invoke S.258 of the Cr.P.C. From the proceedings sheet, it does not appear that the learned Magistrate had made any genuine endeavour to secure the presence of the accused by exhausting the provisions under the Code. The order is laconic and is not supported by any reasons. The learned Magistrate has exceeded in its powers in invoking provisions of S.258 of the Code and hence, cannot be sustained, the same being illegal and irregular. 8. These revision cases are allowed. The orders passed by the learned Magistrate in the Summary Trial Cases are set aside. The learned Magistrate is directed to take back the cases on file and proceed with the same in accordance with law. Registry shall transmit the records to the court below.