Functus officio after conviction and sentence bars later use of Section 319 to summon additional accused.

Once the trial court pronounces conviction and sentence, it becomes functus officio and cannot later invoke Section 319 of the Code of Criminal Procedure to summon additional accused. The controlling principle is that the power under Section 319 must be exercised while the court still retains jurisdiction over the trial; after sentence is pronounced, any such order is outside jurisdiction. On that basis, the impugned Section 319 order passed after conviction and sentence could not be sustained.

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Issues: Whether an order under Section 319 of the Code of Criminal Procedure, 1973 could validly be passed after the trial court had already pronounced conviction and sentence.

Analysis: The controlling principle applied was that once the trial court pronounces the order of sentence, it becomes functus officio and cannot thereafter exercise jurisdiction to summon additional accused under Section 319. Since the impugned order had been passed only after conviction and sentence, it was outside jurisdiction.

Conclusion: The order under Section 319 was without jurisdiction and could not be sustained.

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