court should refrain from exercising power under Section 319 Cr.P.C. In Section 319 Cr.P.C. the purpose of providing ... under Sections 200 , 201 , 202 Cr.P.C.; and under Section 398 Cr.P.C. are species of the inquiry contemplated by Section 319 Cr
powers under Section 319 Cr.P.C. can be
justified; and thirdly, the manner in which powers under Section
319 Cr.P.C. have ... accordance
with Section 398 Cr.P.C. without resorting to the provision of
Section 319 Cr.P.C. directly. Section 398 Cr
court should refrain from exercising power under Section 319 Cr.P.C. In Section 319 Cr.P.C. the purpose of providing ... under Sections 200 , 201 , 202 Cr.P.C.; and under Section 398 Cr.P.C. are species of the inquiry contemplated by Section 319 Cr
under Sections 200 , 201 , 202 Cr.P.C.; and under Section 398 Cr.P.C. are species of the inquiry contemplated by Section 319 Cr ... Section 319 of the Code of Criminal Procedure. The said order is confirmed by the High Court. The procedure as contemplated under Section 319 CrPC
directly under Section 319 Cr PC without taking
recourse to provisions of Section 300(5) read with Section 398 Cr PC."
33. The Apex ... power under Section 319 Cr PC can be
exercised?
AND
-- Whether the word "evidence" used in Section 319(1) Cr PC has been
under Sections 200 , 201 , 202 Cr.P.C.; and
under Section 398 Cr.P.C. are species of the inquiry
contemplated by Section 319 Cr ... provisions
contained under Section 319(1) Cr.PC has held that the words as
contained under Section 319 Cr.PC are plain and the meaning
under Section 319 of the CrPC, the Constitution Bench in
Hardeep Singh (supra) has held as follows:
“105. Power under Section 319 CrPC ... exercising power under Section 319 CrPC. In Section
SLP (Crl.) No. 6320 of 2024 Page 36 of 97
319 CrPC
under Sections 200 , 201 , 202 Cr.P.C.; and under Section 398 Cr.P.C. are species of the inquiry contemplated by Section 319 Cr ... purpose of exercise of jurisdiction under section 319 Cr.P.C. opined that power under Section 319 Cr.P.C. is an extraordinary discretionary power
court should refrain from exercising power under Section 319 Cr.P.C. In Section 319 Cr.P.C. the purpose of providing ... under Sections 200 , 201 , 202 Cr.P.C.; and under Section 398 Cr.P.C. are species of the inquiry contemplated by Section 319 Cr
till 'evidence' under Section 319 Cr.P.C. becomes available for summoning an additional accused.
Section 319 Cr.P.C., significantly, uses ... under Sections 200 , 201 , 202 Cr.P.C.; and under Section 398 Cr.P.C. are species of the inquiry contemplated by Section 319 Cr
