JUDGMENT

Manju Goel, J. The present petition challenges the order dated 23.9.2004 whereby the learned Additional Sessions Judge confirmed the earlier order of his court for summoning the petitioner as an accused in case FIR No. 248196 under Sections 302/34 IPC and 25/54/59 of Arms Act of P.S. Chandni Mehal in exercise of power under Section 319 of the Code of Criminal Procedure (In short `Cr.P.C.')

2. The FIR was registered on the murder of one Chander Shekhar committed by accused Kanshi Ram in broad day-light on 27.12.1996. The information of the murder was given to the police by the brother of the deceased Dinesh. The accused Sagir Ahmed was arrested on 30.12.1996 and on his disclosure accused Kanshi Ram was arrested on 31.12.1996. The petitioner was named by the complainant after nearly a gap of 15 days. Investigation, however, did not find sufficient evidence against the petitioner. He was named in the column No.2 of the FIR. After the challan was filed, the public prosecutor moved an application under Section 319 on the basis of the statement under Section 161 Cr.P.C. The application was allowed and the petitioner summoned. This order was set aside by this Court on 5.9.1999.