1. The simple but interesting and useful question posed for judicial scrutiny in this petition filed under S.482 of the Code of Criminal Procedure is concerning the scope and ambit of the powers of criminal courts under S.319 of the Code to proceed against any person, not being an accused, who appears to have committed the offence. The Section may with advantage be extracted here:

"(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 commuted 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 when 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