“117.1. In Dharam Pal case, the Constitution Bench has already held that after committal, cognizance of an ofence can be taken against a person not named as an accused but against whom materials are available from the papers filed by the police after completion of the investigation. Such cognizance can be taken under Section 193 Cr.P.C. and the Sessions Judge need not wait till “evidence” under Section 319 Cr.P.C. becomes available for summoning an additional accused. 117.2. Section 319 Cr.P.C. significantly uses two expressions that have to be taken note of i.s, (1) inquriy (2) trial. As a trial commences after framing of charge, an inquiry can only be understood to be a pre-trial inquiry. Inquiries under Sections 200, 201, 202 Cr.P.C and under Section 398 Cr.P.C. are species of the inquiry contemplated by Section 319 Cr.P.C. Materials coming before the court in course of such inquiries can be used for corroboration of the evidence recorded in the court after the trial commences, for the exercise of power under Section 319 Cr.P.C., and also to add an accused whose name has been shown in Column 2 of the charge-sheet.”
