Section 319 CrPC and joint trial requirement bar summoning a complainant as accused where joint trial is impossible.

Section 319 CrPC can be invoked only when evidence in inquiry or trial shows that the proposed person committed an offence and could be tried together with the accused already on trial. The power is confined to persons capable of joint trial with the existing accused. On the admitted facts, the complainant could not be tried together with the accused facing trial, so the requirement for summoning under Section 319 was not satisfied and the summoning order was unsustainable.

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Issues: Whether the complainant could be summoned as an accused under Section 319 of the Code of Criminal Procedure, 1973 on the basis of defence evidence when he could not be tried together with the accused already facing trial.

Analysis: Section 319 permits proceeding against a person only if, in the course of inquiry or trial, evidence shows that such person has committed an offence for which he could be tried together with the accused already on trial. The provision is conditioned by the requirement that the proposed person must be capable of joint trial with the existing accused. The earlier Supreme Court decisions relied upon confirm that the power under Section 319 extends only to persons who can be tried along with the arraigned accused. On the admitted facts, the complainant could not be tried together with the accused already facing trial, so the case fell outside the scope of Section 319.

Conclusion: The complainant could not be summoned as an accused under Section 319 of the Code of Criminal Procedure, 1973, and the summoning order was unsustainable.

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