ORDER: When this matter comes for admission this day, this Court is of the considered opinion that the revision itself can be disposed of by hearing both sides and accordingly, hearing both sides, the following order is passed.

2. An order of the Judicial Magistrate, Thiruvaiyaru, dated 25.7.2005 dismissing an application filed by the petitioner/accused in Crl.M.P.No.2581 of 2005 under Sec.311, Crl.P.C., is challenged in this revision.

3. Admittedly, the petitioner/accused stands charged for the offences under Secs.279, 337 and 304-A, I.P.C., and three witnesses were marched by the prosecution and that P.W.1 and P.W.2 were examined on 2.7.2002 and P.W.3 on 17.9.2002 in chief and that all these witnesses were not cross-examined by the petitioner/accused side. After lapse of a period of three years, an application was filed seeking to recall those witnesses but the said application was seriously opposed by the prosecution and the lower Court did not see any ground to recall the witnesses and hence, dismissed the application.

4. Aggrieved over the said order the petitioner/ accused has brought forth this revision petition before this Court.

5. Heard the learned counsel for the petitioner

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