ORDER :

1. The appeal challenges the order passed by the High Court dismissing the petition filed by the present appellants which was in turn filed challenging the order passed by the Learned Sessions Judge invoking powers under Section 319 of the Code of Criminal Procedure (hereinafter the Cr.P.C.) and impleading the present appellants as accused.

2. Mr. S. Nagamuthu, learned Senior Counsel appearing on behalf of the petitioner submitted that the High Court, while dismissing the petition, has relied upon the judgment of the Devision Bench of this Court in the case of Jogendra Yadav and Others vs. State of Bihar and Another, (2015) 9 SCC 244. Mr. S. Nagamuthu submits that the law laid down in Jogendra Yadav and Others vs. State of Bihar and Another does not lay down the correct position of law. He submitted that the said judgment holds that an accused who is impleaded by invoking powers under Section 319 of Cr.P.C. does not have an opportunity to file a discharge application under Section 227 of the Cr.P.C. in as much as he has an opportunity of being heard before being impleaded as an accused. It is submitted that there are divergent views of various High Courts. Some High Courts ha