8. Applying the law laid down by this Court in the aforesaid decisions to the facts of the case on hand, we are of the opinion that, in the facts and circumstances of the case, neither the learned Trial Court nor the High Court have committed any error in summoning the appellants herein to face the trial along with other coaccused. As observed hereinabove, the appellants herein were also named in the FIR. However, they were not shown as accused in the challan/chargesheet. As observed hereinabove, nothing is on record whether at any point of time the complainant was given an opportunity to submit the protest application against nonfiling of the chargesheet against the appellants. In the deposition before the Court, P.W.1 and P.W.2 have specifically stated against the appellants herein and the specific role is attributed to the accusedappellants herein. Thus, the statement of P.W.1 and P.W.2 before the Court can be said to be “evidence” during the trial and, therefore, on the basis of the same and as held by this Court in the case of Hardeep Singh (supra), the persons against whom no chargesheet is filed can be summoned to face the trial. Therefore, we are of the opinion that no error has been committed by the Courts below to summon the appellants herein to face the trial in exercise of power under Section 319 of the CrPC.”
