Section 319 CrPC requires evidence in court before adding a person as an accused; police papers alone are insufficient.

Section 319 CrPC can be invoked against a person not already arraigned as an accused only when, during inquiry or trial, evidence before the court indicates commission of an offence triable with the existing accused. Police papers, including statements collected in investigation, are insufficient because the provision requires evidence actually led in court. On that basis, the Magistrate's reliance on the panchnama and police statement was premature and without jurisdiction. The order adding the petitioner as an accused was therefore invalid, and his name was directed to be deleted from the charge-sheet.

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Issues: Whether the Magistrate could invoke Section 319 of the Code of Criminal Procedure, 1973 to add a witness as an accused on the basis of police papers before evidence was led in court.

Analysis: Section 319 authorises proceeding against a person not already an accused only when, in the course of inquiry or trial, it appears from the evidence before the court that such person has committed an offence triable together with the accused. The material contemplated by the provision is the evidence actually led in court, not the police papers or statements collected during investigation. Since the Magistrate acted only on the basis of the panchnama and police statement, the power under Section 319 was exercised at a premature stage and without jurisdiction.

Conclusion: The order adding the petitioner as an accused was invalid and was set aside, and his name was directed to be deleted from the charge-sheet.

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