offences punishable under Sections
307, 326, 336, 447, 427 read with Sections 148
and 149 , Indian Penal Code ( IPC ) as also under
Sections ... Court under Section 319 of
the Code and further cross-examination was
deferred. It was, therefore, submitted that no
order under Section 319 could
Court
dismissing the revision application while confirming the order passed
by the Learned trial Court dismissing the application under Section
319 CrPC are not sustainable ... revision
application preferred by the appellant herein and confirming the order
passed by the Learned trial Court rejecting the application under
Section 319 CrPC
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
Section 149 ; Section 307 I.P.C. read with Section 149 ; Section 308 I.P.C. read with section 149 I.P.C.; Section ... Section 149 I.P.C.; Section 324 I.P.C. read with Section 149 I.P.C.; Section 504 I.P.C. & Section
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
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
examination-in-chief,
powers under section 319 CrPC, 1973 can be
exercised;
(xv) that power under section 319 CrPC, 1973 can be
exercised even ... while dismissing the revision application and confirming the
order passed by the Learned trial Court dismissing the
application under section 319 CrPC is concerned
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
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
