ORDER : (Bibek Chaudhuri, J.) Trial case no. 155 of 2011, arising out of Garkha P.S. Case No. 56 of 1999, is an instance of misconceived application of the provision under Sections 319 of the CrPC. By virtue of an order dated 6th December 2011, passed by the learned Judicial Magistrate, 1st Class, Saran, Chapra, the petitioner has been put under trial in a criminal case under Section 467/468/420 and 406 of the IPC since 1999. 2. The factual background of the case leading to filing of the instant application under Section 482 of the CrPC is that One Sampat Ram Rahi lodged a complaint against the petitioner and two other persons before the learned Chief Judicial Magistrate, Chapra which was registered as Complaint Case No. 55 of 1999. It was alleged that the present petitioner was posted as Extension Officer, Social Welfare Department at Saran in the District of Chapra. She and accused nos. 1 and 2 were entrusted to issue ration cards to the persons belonging to the category of Below Poverty Line (BPL). It is alleged that accused nos. 1 and 2 demanded bribe of Rs. 500/-from the complainant, in order to issue the BPL ration card to him. The said complaint was sent under the provision of Section 156(3) of the CrPC to the local police station for registration of a specific case against the petitioner and other two accused persons and submit report after investigation. Accordingly, the Garkha P.S. Case no. 56 of 1999 dated 11th April 1999 was registered. After investigation, police submitted a final report in the year 2002. The complainant upon notice, filed a protest petition against the said final report. The learned Magistrate took cognizance of offence against the present petitioner and other accused persons on the basis of the said protest petition vide an order dated 9th February 2002. The petitioner challenged the said order of taking cognizance by filing Cr. Revision 219 of 2000 before the learned Sessions Judge, Chapra. The said Cr. Revision was disposed of by the learned Additional Sessions Judge, 10th Court at Saran, Chapra vide order dated 6th December 2011, and allowed the said application under Section 319 of the CrPC and issued summon against the petitioner. Revision 219 of 2000 before the learned Sessions Judge, Chapra. The said Cr. Revision was disposed of by the learned Additional Sessions Judge, 10th Court at Saran, Chapra vide order dated 6th December 2011, and allowed the said application under Section 319 of the CrPC and issued summon against the petitioner. The said order was challenged by the petitioner in criminal revision on the ground that the case being Garkha P.S. Case No. 56 of 1996 corresponding to Complaint Case No. 55 of 1999 had already been disposed of way back on 27th August 2003. Learned Magistrate, however, allowed the application under Section 319 of the CrPC. 3. Section 319 of the CrPC states 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) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub-section (1), then— (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.” 4. It is needless to say that the provision of Section 319 of the CrPC can be applied at any stage of trial. It is needless to say that the provision of Section 319 of the CrPC can be applied at any stage of trial. It is held by the Hon’ble Supreme Court in the case of Shiv Prakash Mishra v. State of U.P., reported in (2019) 7 SCC 806 that the court, while exercising its power under Section 319 of the CrPC at any stage during trial, can summon any person as an accused to face the trial if it appears from the evidence that such person has committed any offence for which such person could be tried together with other accused persons. 5. In the instant case, trial has not been commenced. The initial order of cognizance dated 9th February 2002 was set aside in Cr. Revision No. 56 of 2002 vide an order dated 27th August 2003. While the order of cognizance was set aside by a revisional court, a criminal case does not exist against the accused. Learned Magistrate, 1st Class at Saran, vide order dated 6th December 2011, passed an order under Section 319 of the CrPC in a non existent case. The said order was surprisingly allowed by the learned Additional Sessions Judge, 5th Court, Saran, at Chapra vide order dated 21st March 2016. Both the above-mentioned orders are misconceived and liable to be set aside. 6. Accordingly, the order dated 6th December 2011 passed by the learned Judicial Magistrate, 1st Class, Saran, Chapra, and the order dated 21st March 2016 passed by the learned Additional District Judge-V, Saran, Chapra in Cr. Revision No. 201 of 2013 are quashed and set aside. 7. The instant Cr. Miscellaneous Case filed under Section 482 of the CrPC is accordingly, allowed.