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| MAHENDRA SINGH V/S STATE OF M. P. 1999 [2] M. P. W.N. 1 2 The new accused cannot be summoned at the initial stage of putting challan. Such accused can only be summoned after the evidence is recorded and if they are found guilty, on the basis of material on record under section 319 CR PC
RANJIT SINGH V/S STATE OF PUNJAB 1998 SCC (CRI) 1554= The power of the court of sessions to include a new person as accused under section 319, cannot be invoked prior to recording of evidence, there is no power accepted under section 319 by which court sessions can include a new person as an accused -- hence there is no intermediary stage at which court or sessions can add any accused -- a till the stage of section 230 is reached, sessions court can deal fondly with the accused of two in section 209. But the court for purporting to act under section 319 need not wait till the entire evidence has been collected -- however the sessions judge notices from the materials produced the positive involvement of any person, he can involve the inherent or revisional power of the High Court to summon such a personbefore the evidence stage . Evidence what is -- evidence envisaged in section 309 -- material placed before the committal coat cannot be treated as evidence during inquiry or trial. Evidence under section 309 is the evidence addused during trial of the case the offence is tribal by the court of sessions
ABDUL KARIM KHAN V/S STATE OF M.P. 1995 J.L.J. 505 Section 319 CR PC shows that the power to add and summon an accused to be tried together with the accused who are put to trial and can be exercised only if it appears from the evidence during the inquiry or trial of an offence, evidence does not mean charge sheet or material contained therein, as it is not evidence. Evidence As Defined in Section 3 of The Indian Evidence Act means and includes statements made before It by witnesses such statements are called oral statements, and documents which are produced for the inspection on the court The provisions of section 31 9 CRPC can be exercised both by the court having original jurisdiction as well as the courtby which that case has been committed for trial therefore provisions of the section 319 can be invoked only if evidence surfaces in the course of an inquiry on trial.
ATIBAL SINGH V/S STATE OF M.P.1992 J.L.J. 277 Under section 190 CRPC the magistrate on receiving a police report takes judicial notice of the allegation of commission on offence with a view to take cognizance and if the magistrate discovers from the material in the report that any person not named in the report has committed an offence, he is supposed to take cognizance on it In JOGINDER SINGH V/S STATE OF PUNJAB A. I. R. 1979 S. C. 339, it has been observed by the Supreme Court that the expression "any person not being the accused" in section 319, cause any person not being tried .
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