Judgment :

T.S. THAKUR, J.

1. This special leave petition arises out of an order dated 11th December, 2008 passed by the High Court of Gujarat at Ahmedabad whereby Special Criminal Application No.638 of 2008 filed by the petitioner- Babubhai Bhimabhai Bokhiria has been dismissed and order dated 29th March, 2008 passed by the Additional Sessions Judge, Porbandar affirmed. The Additional Sessions Judge, Porbandar had by the said order summoned the petitioner as an accused person in exercise of his power under Section 319 of the Cr.P.C. in Sessions Case No.5 of 2007 for offences punishable under Sections 302, 201 read with Sections 34, 120-B, 465, 468 and 471 of the Indian Penal Code, Section 25 of the Arms Act and Section 135 of the Bombay Police Act.

2. The incident that provides the genesis of the case aforementioned took place on 16th November, 2005 in which one Mulubhai Modhwadiya was gunned down resulting in registration of Criminal Case No.1 170 of 2005 at Kamlabaug Police Station, Porbandar for the offences mentioned earlier. Upon completion of the investigation, the jurisdictional police filed a charge sheet on 15th February, 2006 before a Magistrate who committed the same to