P. K. Deb and J JJ.

1. The petitioner in this case has been impleaded as an accused in G. R. No.2005 of 1993 arising out of bistupur P. S. case No.346 dated 14-10-93 under Sec.302, 120-B of the I. P. C. read with Sec.27 of the Arms Act. The case relates to a case wherein V. G. Gopal, union leader was killed in a ghastly manner. The information was lodged by the driver of B. G. Gopal, namely, Prabhu Charan. He gave a detailed statement as to how V. G. Gopal was killed by gun fire.

2. The petitioner in the case happens to be the political leader and it is alleged that he was also running a parallel union and was opposing the deceased and as such suspicion was there against him also.

3. After investigation, police submitted chargesheet on 5-1-94 against five accused person, namely, Kartik ghosh, Surya Kant Patel, Ranjan ahuja, Gouri Shankar Prasad Sinha and ratan Ghosh, and in that chargesheet, it was mentioned specifically that no materials could be found against the other suspected accused persons including the petitioner. While taking cognizance of the offence under Sections 302 and 120b of I. P. C. , process were issued against the five accused persons who were chargesheet