by complainant Manish Rathore and, after usual investigation, police submitted charge sheet before the Court of Judicial Magistrate First class, Katghora, which was registered as Criminal Case No.76/2016 and after committal of case to the Court of Sessions, the case was registered as Sessions Trial No.48/2017 and that after lapse of more than four years, on 22.10.2018, an application under Section 319 of Cr.P.C. has been filed by the public prosecutor and the learned Sessions Judge allowed the application and summoned the petitioners as accused. Hence these revisions. 05. Learned counsel for the applicants submit that the application filed by the prosecution was not on the basis of fresh evidence or material found during the trial but was made on the material already existing on the date of FIR and statement under Section 161 Cr.P.C. was recorded. However, during the course of trial, none of the witnesses supported the version of the complainant that the present petitioners instigated the offence and, therefore, the charge sheet was filed only against the person, who, according to the Investigating OfÏcer, was guilty of offence. He would further submit that if the language of Section 319 Cr.P.C. is analyzed throughly, it will be clear that power to proceed against the person appearing to be guilty of offence can be exercised only during the course of trial, or any inquiry, if it appears from the evidence that any person, not being the accused, has committed any offence for which such person could be tried
