1. - The question involved in this Misc. Petition relates to exercise of powers under Section 319 of the Code of Criminal Procedure against any person not shown or mentioned as accused in any enquiry/trial of an offence.

2. Sub-section 319(1) of section 319 Cr.P.C. reads as under :

Section 319(1) "Where in the cause 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."

3. A bare perusal of this section makes it clear that it empowers the Court to proceed against any person not shown or mentioned as an accused if it appears from the evidence that such person has committed an offence for which he could be tried together with the accused against whom an enquiry or trial is being held. However, the powers under the aforesaid section, have to be exercised with care and for compelling reasons and should be used sparingly.

4. It is no more an issue after an authoritative judgment of the Apex Court of the Country, in the case of Kishun Singh &