- (1.) HEARD learned counsel for the parties.
(2.) THE order passed under Section 319 Cr.P.C. summoning the petitioners is under challenge. Learned counsel for the petitioners ar­gues that the names of the petitioners neither find place in the F.I.R nor their names were stated by the prosecutrix in her statement given under Section 161 Cr.P.C.; that the po­lice submitted charge-sheet only against the co-accused Puttan, who was named in the F.I.R. He submits that the charge-sheet was submitted after the statement of the prosecu­trix under Section 164 Cr.P.C. was recorded. Yet the I.O. did not submit any charge-sheet against the petitioners.
(3.) SUB -section (1) Section 319 Cr.P.C. pro­vides as under:- "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." ;