I.P.Singh, J.

1. This is an application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 2.6.1994 passed by the second Additional Sessions Judge, Saran at Chapra in S.T. No. 486/92 by which the learned Additional Sessions Judge ordered for the issue of summons to the petitioner to face his trial in the said sessions case in exercise of the powers under Section 319 of the Code of Criminal Procedure.

2. From the prosecution case, it appears that the informant (opposite party No. 2) gave his fardbeyan to police on 29.6.1991 alleging therein that while his father was sitting on Chauki at his house all on a sudden, Sambhu Singh (the present petitioner) along with others came there. There was an exchange of hot words between the present petitioner and the father of opposite party No. 2. The present petitioner went back and returned with other accused-persons of this case and fired his pistol hitting at the neck of the father of the informant as a result of which he died.

3. On the basis of the fardbeyan of opposite party No. 2, the police registered the FIR and after completing the investigation submitt