Sessions Court cannot add an accused before evidence; Section 319 CrPC applies only when trial evidence justifies it.

A Sessions Court cannot add a new person as an accused merely on the basis of committal materials or before any evidence is recorded. After committal, the court proceeds against the accused already before it, and addition of a further accused is confined to the statutory conditions in Section 319 CrPC, which require evidence during inquiry or trial showing the person's involvement. Materials in police papers or the committal record are insufficient. The impugned summoning order was therefore unsustainable and was set aside, while the Section 319 power remained available for later use if evidence so justified.

---

---

Issues: Whether the Sessions Court can add a new person as an accused before any evidence is recorded, and whether such power can be derived from the committal of the case or is confined to Section 319 of the Code of Criminal Procedure, 1973.

Analysis: The statutory scheme shows that after committal under Section 209 of the Code of Criminal Procedure, 1973, the Sessions Court proceeds only against the accused already before it under the committal order. The stages under Sections 226 to 231 deal with the prosecution opening, discharge, framing of charge, plea, and then the taking of evidence. Section 319 of the Code of Criminal Procedure, 1973 permits proceeding against a person not already an accused only when, in the course of inquiry or trial, it appears from the evidence that such person has committed an offence. The power to summon an additional accused is therefore tied to evidence recorded in court and not merely to materials in the police papers or the committal record. In rare cases where omission of a necessary accused would cause grave injustice, the proper course is to approach the High Court for appropriate corrective directions.

Conclusion: The Sessions Court had no power to add the appellant as an accused before evidence was recorded. The order summoning the appellant was unsustainable.

Final Conclusion: The appeal succeeded and the impugned order was set aside, while the statutory power under Section 319 of the Code of Criminal Procedure, 1973 remained unaffected for cases where evidence later justifies such action.

Ratio Decidendi: A Sessions Court cannot add a person as an accused merely on the basis of committal materials or before evidence begins; such addition is permissible only when the statutory conditions for Section 319 of the Code of Criminal Procedure, 1973 are satisfied.

---