V.C. Maheshwari, J.

1. Shri Narendra Nikhare, learned counsel for the applicant. Shri Akhil Singh, learned Panel Lawyer for respondent/State on advance copy.

2. As per Memo of revision this petition is preferred against the order dated 4-12-2004 but while asking from the counsel then he submitted that in fact this revision petition is preferred against the order dated 29-12-2004 but due to over sight wrong date has been mentioned.

3. With the permission of the Court it is corrected by him in the original record. Registry is directed to correct the date in the office record and take assistance of the counsel for applicant, if necessary. Heard on admission. With the consent of the learned counsels of the parties this petition is heard finally.

4. This revision petition is directed against the order dated 29-12-2004 passed by the Sessions Judge, Raisen in S. T. No. 136/03, whereby application filed by the applicant under section 311 of Criminal Procedure Code has been dismissed.

5. The facts in brief, which are necessary for disposal of this revision, are that S. T. No. 136/03 is pending for an offence under section 302 of Indian Penal Code and sections 25 and 27 of Arms Act and durin