application filed by Manjeet Singh for summoning of
the accused Sukhpal Singh and others, vide order dated 05.09.2017.
Whereas, the application under Section 319 ... summoning accused in offence under Section 302 IPC has
been dismissed and application under Section 319 Cr.P.C. in a cross case
with only
face trial for the offence under Section 363 , 364 , 302 , 201 IPC on the application under Section 319 Cr.P.C. Further prayer has been ... regarding availability of opportunity under Section 227 Cr.P.C. to the accused summoned on the application under Section 319 Cr.P.C. to face
learned Judge, vide order under-challenge dated 4.8.08 -
decided application under Section 319 , Cr.P.C., in terms that application
under Section 319 ... under Section 319 , Cr.P.C., can be taken even after one
witness - can also be prior to cross-examination - for cognizance under
Section 319
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
spent for collecting such evidence. The Court, while examining an application under Section 319 Cr.P.C, has also to bear in mind that there ... order in the application filed under Section 311 Cr.P.C. The petition filed under Section 319 Cr.P.C. was rejected by the Trial
learned Additional Sessions Judge, Kurukshetra in
terms of which an application under Section 319 Cr.P.C moved by the
prosecution has been allowed ... observed as under:
"...The court, while examining an application
under Section 319 of the Code, has also to bear in mind that
there
Under Section 302 / 149 IPC each to suffer life imprisonment Under Section 325 / 149 IPC each to suffer 3 Years' RI Under Section ... exercise of powers Under Section 319 , CrPC and Section 362 , CrPC, reference whereof has been made by Counsel has no application in the facts
such satisfaction, the court should refrain from exercising power under Section 319 CrPC. In Section 319 CrPC the purpose of providing if "it appears ... impugned application under Section 319 of the Code is premature and has been allowed without any cogent evidence as required under Section 319
trial was commenced."
9. The informant has moved the application under Section 319 Cr.P.C. to summon the applicant for trial as accused ... exercise of powers under Section 319 of the CrPC and to face the trial for the offences under Sections
incident. On 2.8.2010 the complainant petitioner through APP moved an application under section 319 Cr.P.C. before the trial court stating therein that from ... illegally and wrongly dismissed the application under section 319 Cr.P.C. vide order dated 3.3.2011.
3. The learned counsel for the petitioner has argued
