1. This application is directed against an order of the 6th Additional Sessions Judge, Patna, dated 6-6-1977, by which he has summoned the petitioners for trial in exercise of power under S. 319 of the Cr. P. C. 1973 (hereinafter referred to as the Code) along with Srichand Mahton. It has been stated that after full investigation the final form was submitted only against Srichand Mahton, who was sent up for trial. A protest petition was also filed on behalf of the complainant which was rejected. After examination of five witnesses and on the application of the prosecution the impugned order was passed. It may be stated that the case was committed on 13-12-1975 by the Chief Judicial Magistrate. The prosecution case is not being stated as it is not relevant for the purposes of this application.

2. Learned Counsel for the petitioners submitted that S. 319 of the Code which read with S. 193 of the Code will apply only to (cases) triable by a Magistrate and not to (cases) triable by a Sessions Court. In my view there is no substance in this submission. Ss. 193 and 319 of the Code apply to different fields in a proceeding. Sec.193 reads as follows :-

"193. Except as otherwise exp