Crl. Revision No.259 of 2007 **** Jarmanjeet Singh and another Vs. State of Punjab Present: None for the petitioners. Mr. Mehardeep Singh, AAG, Punjab. **** The present revision is directed against the order passed by Sessions Judge, Gurdaspur, while dealing with an application filed under Section 193 Cr.P.C. for summoning Gurdev Singh son of Kashmir Singh and Jarmanjit Singh son of Gurdial Singh. Sessions Judge, Gurdaspur, has directed that these persons be also challaned alongwith the accused persons, who have been challaned by the police for the offences under Sections 307, 506, 34 IPC and 25/27/54/59 of the Arms Act. While taking cognizance against these additional accused and adding them as accused persons, the Court has relied upon a decision in the case of Babu Lal and others Vs. State of M.P., 2005 (4) RCR (Criminal) 737. However, the ratio of law as laid down in the case of Ranjit Singh Vs. State of Punjab, 1998 (4) RCR (Criminal) 552, appears to have escaped the notice of the Court. It has been held by the Hon'ble Supreme Court in this case that Sessions Judge has power under Section 319 Cr.P.C. to add a new accused to face trial and he can do so only after collecting evidence. The issue, which arose in this case, was whether Sessions Court can add a new person to the array of accused in Crl. Revision No.259 of 2007 :{ 2 }: case pending before it prior to the stage of collecting evidence. This issue was adjudicated by the Hon'ble Supreme Court in Ranjit Singh's case (supra) when the view in this regard as expressed in the case of Kishun Singh Vs. State of Bihar, 1993 (2) SCC 16 and reaffirmed in Nissar Vs. State of U.P., 1995 (2) SCC 23 was doubted in the case of Rajkihore Prasad Vs. State of Bihar, 1996 (2) RCR (Crl.) 804. It has accordingly been held that Sessions Court would not have any power to add any additional accused in exercise of powers under Section 193 Cr.P.C. and can do so only under Section 319 Cr.P.C. It is observed as under in Ranjit Singh's case (supra):- “Thus, once the Session Court takes cognizance of the offence pursuant to the committal order the only other stage when the Court is empowered to add any other person to the array of the accused is after reaching evidence collection when powers under Section 319 of the Code can be invoked. We are unable to find any other power for the Session Court to permit addition of new person or persons to the array of the accused. Of course it is not necessary for the court to wait until the entire evidence is collected for exercising the said powers.” In view of the law laid down by the Hon'ble Supreme Court in Ranjit Singh (supra), the impugned order can not be sustained and the same is set-aside. However, the Sessions Judge, Gurdaspur, would be at liberty to add any accused while exercising power under Section 319 Cr.P.C. Crl. Revision No.259 of 2007 :{ 3 }: The petition is allowed with the above observations. October 17, 2008 ( RANJIT SINGH ) khurmi JUDGE