As per case facts, applicant Mohammad Nasir Qureshi challenged an order dated 16.01.2024 passed by the Additional Sessions Judge, Chourai, in Criminal Appeal No. 90/2020. This order directed the trial ... court to proceed against the applicant under Section 319 Cr.P.C. as the registered owner of a truck involved in a case where Komal Solanki was convicted under the Madhya Pradesh Go Vansh Pratishedh Adhiniyam, 2004, and the Motor Vehicle Act. Neither the police had named the applicant in the charge-sheet nor was any evidence recorded against him during the trial. The question arose whether the Additional Sessions Judge could direct the trial court to add the applicant as an accused under Section 319 Cr.P.C. based on materials not constituting evidence during the investigation or trial. Finally, the High Court, referring to `Omi Omkar Rathore and another v. State of M.P. and another`, held that adding an accused under Section 319 Cr.P.C. can only be based on evidence adduced before the court, not merely on charge-sheet or case diary materials. Since no evidence was recorded against the applicant during the trial, the direction to proceed against him was deemed illegal and unsustainable, and thus set aside.