provisions of Section
319 CrPC, at the stage of inquiry is to be understood
in its correct perspective. The power under Section
319 CrPC ... order under section 117 or sub-section (2) of
section 138 and every final order made under section
125, section 145 or section 147 shall
such
satisfaction, the court should refrain from exercising power
under Section 319 CrPC. In Section 319 CrPC the purpose of
providing if "it appears ... acting
under Section 319 CrPC to form any opinion as to the guilt of
the accused.”
12. Thus, the provisions contained in Section 319 CrPC
application of mind which is
relevant. The counsel further drew our attention to the fact that
undisputedly, the application under Section 319 CrPC was filed ... section 4 of Section 319 of CrPC indicates that the proceeding
7
with respect to the summoned individual, as per Clause (1) of
Section 319
remaining persons
to be accused in the case, by an application under section
319 of the Cr.P.C. filed before the trial Court ... given by said witnesses, the applicant/applicant has filed an
application under section 319 of the Cr.P.C. to add the
applicant/accused
Monu, in which he implicated the appellants. An application
under Section 319 Cr.P.C. was filed by the informant before the
Session Judge praying ... such satisfaction, the court
should refrain from exercising power under Section 319
CrPC. In Section 319 CrPC the purpose of providing if “it
appears from
other eye witnesses and
the material on record allowed the application under Section 319
6
CrPC vide order dated 21.04.2018. The private respondents herein
thereafter ... evidence on record, both documentary
and oral, allowed the application under Section 319 CrPC
summoning the private respondents herein to face the trial
including the Appellants. Soon
thereafter, Respondent No. 1 filed an application under section
319 Cr.P.C before the Trial Court to summon the Appellants ... provisions of
Section 319 CrPC, at the stage of inquiry is to be
understood in its correct perspective. The power
under Section 319 CrPC
section (2) of Section 397 of CrPC. Admittedly, in the instant case, before the trial court the complainant's application under Section 319 ... contemplated under Section 397(2) of CrPC.
26. In the instant case as noticed above, when the complainant's application under Section 319
prosecuted. The learned Magistrate has rightly allowed the application under Section 319 Cr.P.C. of the opposite party no. 2 and summoned them ... victim was recorded as P.W.-4. Thereafter, prosecution moved application under Section 319 Cr.P.C. stating that victim
POCSO & Rape Cases, Court No. 8, Kaushambi, allowed the application under Section 319 Cr.P.C. Accordingly, applicants have now been summoned by court ... contends that court below should have deferred the disposal of application under Section 319 Cr.P.C. filed by first informant/opposite party-2 till
