Examination-in-chief of a witness alone, without cross-examination, does not constitute sufficient evidence for issuing summons to non-accused persons under Section 319 of the CrPC.

( 1 ) THIS revision petition is directed against the order dt. 17-2-81 by which Sri A. N. Bhattacharya learned Additional Sessions Judge, First Court, Burdwan, refusing to entertain the petitioner's application under S. 319 of the Cr. P. C. for issuing summons upon the opposite parties 1 and 2 namely, Sk. Nazam Hossain and Majnu alias Sk. Manirujeman, for their appearance to face trial with the other accused persons.

( 2 ) IT is submitted that when on the evidence adduced by the prosecution witness No. 1 the opposite parties; 1 and 2 were also implicated in the alleged offences, the learned Additional Sessions Judge illegally rejected the prayer of the public prosecutor in charge of the case, to issue summons against the opposite parties 1 and 2.

( 3 ) BEING aggrieved by the impugned order rejecting the prayer of the learned Public Prosecutor under S. 319, Cr. P. C. Golam Mondal, who is the de facto complainant, has moved this Court in revision. It is submitted that the learned Additional Sessions Judge illegally refused to entertain the jurisdiction when the evidence disclosed the complicity of the opposite parties Nos. 1 and 2 in the alleged offences.

( 4 ) THE revision petition is opposed by the opposite parties.

( 5 ) S. 319 of the Cr. P. C. read as follows:-"319 (1)- 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 person for the offence which he appears to have committed. (2) 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. (3) 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. (4) Where the Court proceeds against any person under sub-s. (1) then a) the proceedings in respect of such person shall be commenced afresh and the witness re-heard; b) Subject to the provisions of Cl. (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. "

( 6 ) IT is clear from sub-s. (1) of S. 319, Cr. P. C. that where in the course of any inquiry into or trial of, an offence, it appears from the evidence that any person not being accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.

( 7 ) THE record of the case reveals that this is a trial which originated in the first information report submitted some time in 1974 could not commence before 1980. Ultimately on 17-2-81 the learned Additional Sessions Judge commenced taking evidence of the witnesses. On that date P. W. 1 Golam Mondal, who is the de facto complainant, was examined-in-chief. At that stage the prosecution prayed for issuing summons upon the opposite parties Nos. 1 and 2 by filing an application under S. 319, Cr. P. C.

( 8 ) ON perusing the order of the learned Additional Sessions Judge, I find that the learned Judge dismissed the application on the ground that the evidence of prosecution witness No. 1 was not yet completed and his evidence was recorded up to examination in chief. Another ground on which he rejected the application is that the case was a very old one and pending since 1974 and the allowing of such prayer would delay further trial of the case.

( 9 ) THERE can be no doubt that the case is a very old one. The Supreme Court in Delhi Municipality v. Ram Kishan, reported in AIR 1983 SC 67 : (1983 Cri LJ 159) has clearly cautioned that the provisions of S. 319, Cr. P. C. should be used very sparingly. Therefore, if the learned Additional Sessions