JUDGMENT 1. - Public Prosecutor is directed to accept notice. 2. This petition is directed against the order dated 25.2.99 passed by the learned Addl. Sessions Judge, Nimbahera whereby he issued warrant of arrest against the petitioner impleading him as accused in a case under Section 306 IPC. 3. Mr. Vyas contends that the learned Addl. Sessions Judge had no power to implead the petitioner as accused without recording evidence under Section 319 Cr.P.C. He relies on the case of Noordin v. State of Raj: 1998 WLC (Raj) UC 420 . 4. Learned Public Prosecutor is not in a position to support the order. 5. In the case of Raj Kishore Prasad v. State of Bihar, 1996 SC 1931 the Apex Court has held that the power of a court to add some person as accused in a case lies under Section 319 Cr.P.C. and under section 193 Cr.PC. cognisance can not be taken against a person not challaned. In view of the illegal posit;on propounded by their lordships in the aforesaid case, it is obvious that the petitioner could not be impleaded as accused in the case on the application of the prosecution under Section 193 Cr.PC. 6. Consequently, the petition succeeds. The impugned order is set-aside. It is made clear that this order will not prevent the learned Addl. Sessions Judge to pass appropriate order under Section 319 Cr.P.C. after the evidence is recorded.Petition succeeds. *******