1. The two petitioners against whom Gaya (Kotwali) P.S. Case No. 49 of 2003 was registered and have been put on trial for charges under Sections 25(1-B)A, 26 and 35 of the Arms Act have filed this application for quashing of the order dated 13.12.2007 passed by the learned Sessions Judge, Gaya, in Criminal Revision No. 121 of 2007 whereby he while dismissing the revision has upheld the order dated 26.6.2007 passed by Sri Om Sagar, the learned Judicial Magistrate, First Class. Gaya, in the aforesaid P.S. Case, whereunder he had allowed the petition filed by the prosecution under Section 311 Cr.P.C. to examine three prosecution witnesses.

2. It appears that charge was framed against the petitioners on 22.3.2004 where- after only three prosecution witnesses were examined. Dasti was received by the prosecution for production of the remaining witnesses including the three sought to be examined. It further appears that after affording reasonable opportunity and undue indulgence, the prosecution evidence was finally closed on 24.2.2006 and the statement of the accused under Section 313 Cr.P.C. came to be recorded on 3.3.2006. Thereafter the arguments of both sides was heard on 13