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Issues: Whether the Court of Session could summon persons not sent up in the charge-sheet on the basis of the material on record after committal of the case, and whether such power could be traced to Section 193 or Section 319 of the Code of Criminal Procedure, 1973.
Analysis: The power under Section 319 of the Code of Criminal Procedure, 1973 can be exercised only when, in the course of enquiry or trial, evidence reveals the involvement of a person not arraigned in the charge-sheet. Since that stage had not been reached, Section 319 could not justify the order. The Court nevertheless held that once a case is committed under Section 209 of the Code of Criminal Procedure, 1973, the bar under Section 193 is lifted and the Court of Session acquires original jurisdiction to take cognizance of the offence, including the power to summon persons whose complicity is prima facie disclosed from the material on record.
Conclusion: The order summoning the appellants was sustainable under Section 193 of the Code of Criminal Procedure, 1973, and the challenge based on Section 319 failed.
Ratio Decidendi: After committal of a case under Section 209 of the Code of Criminal Procedure, 1973, the Court of Session may take cognizance under Section 193 and summon persons not sent up in the charge-sheet if their prima facie involvement is disclosed from the material on record, even though Section 319 is unavailable before evidence is led.
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