HONNIAH, C.J.—The facts relevant for the purpose of this petition briefly stated are these:

2. On April 14, 1978 an incident happened at the house of Mahadeo (deceased) at village Jajusar in which Mahadeo was murdered Mahadeo was cremated on that night. On April 16, 1978 a report was lodged in the Police Station, Sanchore by one Goa implicating 14 persons including Veera (petitioner). After due investigation a charge sheet was filed against 13 persons but not against Veera. A perusal of the material placed before me shows that the wife and other members of the family of Mahadeo did not implicate Veera. On the other hand, they appear to have stated that he was not concerned with the crime. That is the reason why the investigating agency did not challan him. At the time of trial the Public Prosecutor made an application to the Court to take cognizance of the offence of murder against Veera also. The learned Sessions Judge accordingly took cognizance and issued warrant of arrest. It is this order that is challenged in this petition.

3. Sec. 193, Code of Criminal Procedure deals with taking of cognizance of offences by Court of Session. It reads as under: —

"193. Cognizance of offences by

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