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"Power to proceed against other persons appearing to be guilty of offence.......
S. 319. (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being of the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
section (1), then-
(a)the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;
(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.
8. The power exercisable under S. 319 is an extraordinary power conferred on the Court to do real justice, it should be used with caution and only if compelling reasons exist for proceeding against a person against whom action has not been taken.
9. The power of summoning an additional accused under S. 319 Cr.P.C. should be exercised sparingly. The key words in Section are "it appears from the evidence"...."any person"...."has committed any offence". It is not, therefore, that merely because some witnesses have mentioned the name of such person or that there is some material against that person the discretion under S. 319 Cr.P.C. would be used by the Court. The Court has to use the power under S. 319, Cr.P.C. sparingly and primarily to advance the cause of criminal justice but not as a handle at the hands of the ...8...