( 1 ) THESE references have been made in the above cases to resolve the conflicting decisions of the Single Benches on the controversy, whether a person, who was not an accused in a case, can be summoned under Section 319 of Code of Criminal Procedure on the strength of uncross-examined evidence of a witness/witnesses and without giving opportunity of cross-examination to the accused. The question formulated in the reference made by Honble S. K. Phaujdar, J. in Criminal Misc. application No. 1823 of 1995 is incorporated below :"whether the term evidence as used in section 319 Cr. P. C. could only mean an evidence complete by cross-examination or if the court can take action under this section even on the statement made in examination-in-chief of one or other witnesses. "

( 2 ) SIMILAR reference was made by Honble C. A. Rahim, J. in Criminal Revision No. 447 of 1997. THE applicants Ram Gopal and Gajadhar in Criminal Misc. Application No. 1823 of 1995 were summoned by Ist Additional Sessions Judge, Agra by order dated 27-3-95 on the basis of evidence of Shri Prasad whose cross-examination could not be completed. The accused challenged the order of summoning by filing