additional accused persons under Section 319 of Code of Criminal Procedure,
1973 ( Cr.P.C .) to face the trial along with other accused persons ... array of accused under Section 319 Cr.P.C.
During the period when S.B. Criminal Revision No. 505 of 2000 was pending
before
reconsider the application under Section 319 Cr.P.C. afresh.
9. The powers under Section 319 Cr.P.C. to proceed against any
person ... that
the power under Section 319 , Cr.P.C. is discretionary and should be
exercised only to achieve criminal justice and that the court should
application under Section 319 Cr.P.C. which is violation of the provisions of section 301 Cr.P.C. and for this reliance has been ... court should refrain from exercising power under Section 319 Cr.P.C. In Section 319 Cr.P.C. the purpose of providing
necessary to refer to Section 319 Cr.P.C. which reads as
under:-
“319. Power to proceed against other persons appearing
to be guilty ... commenced.”
By reading of Section 319 Cr.P.C., it is clear that the power
under Section 319 Cr.P.C. can be exercised
principles for exercise of power under Section 319 Cr.P.C. by
Criminal Court are well settled. The Constitution Bench of this Court in
Hardeep ... summoned by Additional District Judge under
Section 319 Cr.P.C., rather has dismissed the Criminal Revision on basis
of a subsequent fact
moved
before the Court by the Appellant under Section 319 Code of
Criminal Procedure, for summoning these three persons
Ramesh Gandhi, Kalu Jakhar and Pawan ... Revision.
Before we examine the scope of Section 319 of Code of
Criminal Procedure, it would be relevant to go through the
statement given
Cr.P.C. Against the above order this application has been filed Under Section 482 Cr.P.C. by those accused summoned Under Section 319 ... Section 319 Cr.P.C.
9. Then the complainant O.P. No. 2 filed an application Under Section 482 Cr.P.C. before this Court
face trial under Section 319 Cr.P.C. in respect of offences under Sections 147 , 302 / 149 IPC. Hence this revision.
Sri J.H. Khan ... summoning the revisionist under Section 319 Cr.P.C.
It is established law that the powers under Section 319 Cr.P.C
319 Cr.P.C. and there is no provision in the Cr.P.C. for filing objection by an accused summoned under Section 319 Cr ... Cr.P.C . and it amounts to reversing the procedure for trial, which is not permissible under the Cr.P.C . Challenging the order
under Section 319 Cr.P.C. without taking recourse to provisions of Section 300(5) read with Section 398 Cr.P.C.
119. We accordingly ... Cr.P.C.; and under Section 398 Cr.P.C. are species of the inquiry contemplated by Section 319 Cr.P.C. Materials coming before
