1. The applicant has preferred the present revision against the order dated 23.11.2011 passed by the learned 4th Additional Sessions Judge, Katni in S.T. No.152/04, whereby the application filed by the applicant under S.233(3) of Cr.P.C. was dismissed.

2. The facts of the case, in short are that, the applicant is an accused in a murder trial pending before the trial Court. In that trial, the witnesses namely Arun Tiwari (PW - 9) and V.P. Singh were examined and cross - examinationed. Thereafter, an application under S.311 of Cr.P.C. was moved to recall these witnesses but the same was dismissed by the trial Court. Thereafter, an application under S.233(3) of Cr.P.C. was moved, which was dismissed by the trial Court by passing the impugned order.

3. I have heard the learned counsel for the parties.

4. The learned counsel for the applicant has submitted that the name of the applicant was not mentioned in the FIR and therefore, re - examination of the witnesses namely Arun Tiwari and V.P. Singh is necessary. The right given to the accused under S.233(3) of Cr.P.C. is absolute and the Court cannot deprive him from his rights. In support of his contention, the judgment of the Federal Court