CrPC- Sec 319 Rajender Singh vs. State of U.P. [2007 (7) SCC 378] where it was reiterated that although a person may not have been charge-sheeted by the Investigating Agency or may have been discharged at an earlier stage, the Court could summon such person to face trial if it appeared to the Court that an offence had been committed by such person. It was held that while the decision to proceed or not to proceed against a person under Section 319 of the Code was in the discretion of the Trial Court, the said decision would have to be taken after the Court applied its mind to the evidence before it.