Section 319 of the Code lays down that where in the course of any inquiry into or trial of an offence it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the court may proceed against such persons for the offence which he appears to have committed [Section 319(1)].
Where such person is not attending the court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid [Section 319 (2)]. Any person attending the court, although not under arrest or upon a summons, may be detained by such court for the purpose of the inquiry into, or trial of the offence which he appears to have committed. [Section 319 (3)]
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Where the court proceeds against any person under sub-section (1), then: (a) proceedings in respect of such Person shall be commenced afresh, and the witnesses reheard;
and (b) subject to the provisions of clause (a) the case may proceed as if such person had been an accused person when the court took cognizance of the offence upon which the inquiry or trial was commenced. [Section 319(4)]
Proceedings against an accused in the initial stages can be quashed only if on the face of the complaint or the papers accompanying the same, no offence is constituted. In other words, the test is that taking the allegations and the complaint as they are, without adding or subtracting anything if no offence is made out then the High Court will be justified in quashing the proceedings in exercise of its powers under Section 482. (Municipal Corporation of Delhi v. Ram Kishan Rohtagi A.I.R. 1983 S.C. 67: (A.I.R. 1980 S.C. 253: A.I.R. 1976 S.C. 1947 and A.I.R. 1977 S.C. 1954, followed].
Section 319, Cr.P.C. gives ample powers to any court to take cognizance and add any person not being an accused before it and try him along with the other accused. In these circumstances, therefore, if the prosecution can at any stage produce evidence which satisfies the court that the other accused or those who have not been arrayed as accused against whom proceedings have been quashed have also committed the offence, the court can take cognizance against them and try them along with the other accused.
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But, this is really an extraordinary power which is conferred on the court and should be used very sparingly and only if compelling reasons for taking cognizance against the other person against whom action has taken, Municipal Corporation of Delhi v. Ram Kishan Rohtagi, A.I.R. 1983 S.C. 67],