have passed away. As against them, the trial has abated. The learned counsel for the Respondent State has argued 5that even if the trial has abated against existing accused, there is no bar in summoning the appellants and starting the trial afresh1. This position of law is well-settled and the learned counsel for the appellant has also not disputed the same. 14. In this background, we will examine the legality of the summoning order under Section 319 Cr.P.C. on its own footing. Section 319 of the Cr.P.C. is as follows: “319. Power to proceed against other persons appearing to be guilty of offence (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) …. (3) …. (4) ….” 15. Having taken note of the provision, we will