"Section 319. Power to proceed against other persons appearing to be guilty of offence.-(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."
The Section authorizes the Court making any inquiry into or conducting the trial of an offence to "proceed" against any person (other than the accused facing trial) subject to two conditions (i) that from the "evidence" it appears to the Court that such a person "has committed any offence", and (2) that such a person "could be tried together with the accused."
Supreme Court of India
R.Dineshkumar@Deena vs State Rep. By Inspector Of Police ... on 16 March, 2015
Bench: J. Chelameswar, C. Nagappan
Citation;(2015) 7 SCC 497
Read full judgment here;click here
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