1988 on 25-11-1989 under section 319 , Cr.P.C. taking cognizance of the offences against the present petitioners has been challenged in this ... which it could act upon to proceed under section 319 , Cr.P.C. Section 319(1) , Cr.P.C. makes it amply clear that
hearing such
person arises, as the entire scheme of the Code of
Criminal Procedure does not provide for an accused to
come into the picture ... accused under Section 319 ,
Cr.P.C., the scope of revision petition under Section
9
397 ,Cr.P.C. to challenge the said order would
319 Cr.P.c. includes the statements recorded by
the Magistrate during the course of the proceedings under
Section 200 to 202 Cr ... summoned under Section 319 Cr.P.C.
43. Referring to the power under Section 398 Cr.P.C. of
summoning an accused, who was once
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 ... like to state that there are ample provisions in the
Code of Criminal Procedure , 1973 in which the Court can
take cognizance against persons
relied upon, wherein it is observed that-
(q) Code of Criminal Procedure , 1973 - Section
319 - Examination-in-chief of prosecution
witnesses - Is evidence, though rebuttable ... order under Section 319 Cr.P.C., as
such a procedure is not contemplated by the
Cr.P.C . Secondly, invariably the State would
GOWTHAMDEV C.ULLAL, CGC FOR R-1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO SET ASIDE THE ORDER ... OBJECTIONS OF THE ACCUSED NO.1 TO
APPLICATION UNDER 319 CRIMINAL PROCEDURE
CODE
The Accused above named state as follows:
1. The Accused submit that
CRIMINAL PETITION No.4737 OF 2022
CRIMINAL PETITION No.4738 OF 2022
CRIMINAL PETITION No.4739 OF 2022
CRIMINAL PETITION No.4748 OF 2022
CRIMINAL ... CRIMINAL PETITION No.4758 OF 2022
CRIMINAL PETITION No.4800 OF 2022
CRIMINAL PETITION No.4804 OF 2022
CRIMINAL PETITION No.4808 OF 2022
CRIMINAL
Singh (Supra) observed as under:
"105. Power Under Section 319 Code of Criminal
Procedure is a discretionary and an extraordinary power ... satisfaction, the court
should refrain from exercising power Under
Section 319 Code of Criminal Procedure."
8. The aforesaid position was reiterated by this Court
Singh (Supra) observed as under:
"105. Power Under Section 319 Code of Criminal
Procedure is a discretionary and an extraordinary power ... satisfaction, the court
should refrain from exercising power Under
Section 319 Code of Criminal Procedure."
8. The aforesaid position was reiterated by this Court
submit
that the Court ought to have followed the procedure under Section
319 of the Cr.P.C., to bring in those witnesses as accused ... Section 319 Cr. P.C.? Whether reference to any
statement tendered by the witness would vitiate the
order under Section 319 Cr
