whom the trial is already going on. The discretion under S. 319 has to be exercised very sparingly and with caution and only when the concerned Court is satisfied that some offence has been committed by such person. In the instant case, the perusal of FIR makes it clear that the petitioners were specifically named therein as a member of unlawful assembly, which committed the offence and they were armed with lathis, farsa guns etc and also pelted stones. Though, they were not challaned by the police, but the learned trial court after scanning the statement of PW-1 Kalu-complainant (Annexure P-2), which is consistent with the version given in the FIR and underwent the test of lengthy cross-examination by the defence counsel and after analyzing the other material available on record, concluded that the petitioners were also involved in the commission of offence and they are liable to be tried along with the co-accused. The Court after applying its mind judicially has exercised its discretionary power by issuing process against the petitioner.
