Criminal Procedure Code, 1973—Section 319—Power of Court to summon under Section 319—Order of the learned Magistrate summoning the appellants to face the trial in exercise of powers under Section 319 of the CrPC—Confirmed in revision by the High Court—Appeal against—In the present case, the appellants were also named in the FIR—However, they were not shown as accused in the challan/chargesheet—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 and the specific role is attributed to the accusedappellants—Held, 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 vs. State of Punjab (2014) 3 SCC 92, the persons against whom no chargesheet is filed can be summoned to face the trial—Therefore, 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—Appeal dismissed.
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