Even after process has been issued against some accused on one date, held, process can still be issued by the Magistrate against some other person against whom there is some material on record, but whose name is not included as accused in the charge-sheet. Lastly, Magistrate or court need not wait till stage of S. 319 CrPC to exercise such power. Held, these materials need not remain confined to the police report, charge sheet or the FIR, but a statement made under S. 164 CrPc should also be considered for such purpose.
[Nahar Singh v. State of U.P., (2022) 5 SCC 295]