Rejecting the Petitioner's application to split up the case, the present revision has been filed.

2. The Petitioners are A1 and A2 in C.C.No.174 of 2008, on the file of Fast Track Court, Thoothukudi. The case of the Petitioners in brief is that there are totally three accused in the above Calendar Case and the Petitioners are arrayed as A1 and A2. The occurrence took place in the year 2008 and final report was also filed in the same year and the matter was taken on file. Thereafter, the Petitioners are regularly appearing before the Court bellow, but the third accused did not appear before the Court, hence, a NBW was issued against him in the year 2014,so far the same has not been executed.

3. In the above case, trial commenced and entire witnesses have been examined and the proceedings under Section 313 Cr.P.C. was also over, since accused No.3 was absconding from the year 2014 and NBW is also pending against him and the whereabouts of him is also not known, hence the trial did not proceed further. Therefore the Petitioners filed an application to split up the case as against A3 and to proceed with the trial in respect of A1 and A2. The above application has been dismissed by