Judgment

Thomas, J.—Leave granted.

2. The issue raised in the present appeal is this: Whether Sessions Court can add a new person to the array of accused in a case pending before it at a stage prior to collecting any evidence? The Sessions Judge before whom the said issue was first raised in this case held that he could do so on the strength of the decision of a two Judge Bench of this Court in Kishun Singh v. State of Bihar1 , Appellant, who was the accused so added challenged the order in revision before the High Court of Punjab and Haryana and a learned Single Judge who heard it, dismissed the revision following the ratio in Kishun Singh (supra) which was re-affirmed by this Court in Nissar v. State of U.P.2 . While considering the question whether a committing Magistrate can exercise power under Section 319 of the Code of Criminal Procedure (for short “the Code”), a two Judge Bench of this Court has, in Raj Kishore Prasad v. State of Bihar3  expressed reservation about the legal position propounded in Kishun Singh’s case. Now the question is directed to be considered by a larger Bench in the light of the reservation expressed in Raj Kishore’s case. Hence this appeal came to be