filed the
previous complaint, is to file an application under Section 319 Cr.P.C. and not
to file an additional complaint (impugned complaint ... trial, when the Board could have
moved an appropriate application under Section 319 Cr.P.C., for
summoning the accused in the impugned complaint (Annexure
passed by
learned Judicial Magistrate 1st Class, Ludhiana, whereby the application under
Section 319 Cr.PC filed by the petitioner-complainant for summoning of
respondents ... trial in the case was pending, the petitioner moved an
application under Section 319 Cr.PC for summoning the respondents No.2
and 3 (Sarup
evidence before charge, the respondent
complainant had filed an application under Section 319 of
Cr.P.C. contending that the petitioner knowing about the
memorandum ... been challenged under this petition filed
under Section 482 of Cr.P.C. The power of the Court
under Section 319
said impugned order, the Court below has
allowed the application under Section 319 Cr.P.C. preferred by the
prosecution, whereby it has been ordered ... proceeded against and the
prosecution immediately moved an application under Section 319
Cr.P.C. (Annexure P-4 with the present petition
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
this Court while rejecting the application under section 482 CrPC failed to appreciate that earlier application under section 319 CrPC moved by the appellant ... trial court and it has been rejected under the impression that application under section 319 CrPC has been moved only on the basis
counsel, application of the complainant before the High
Court under Section 482 of Cr.P.C. challenging the order passed
under Section 319 ... under Section 397(2) of Cr.P.C.
21. In the instant case as noticed above, when the
complainant’s application under Section 319
hearing dismissed the application of the
petitioner under Section 311 Cr.P.C., however, the Court allowed the
application under Section 319 ... application under Section 311 Cr.P.C., the trial court has
stated as under:-
"Now, I take up the application of the complainant
summoned under Section 319 of the Cr.P.C.
Section 319 of the Cr.P.C reads as under :-
"319. Power to proceed against ... under
Section 164 Cr.P.C., respondent No.2 again made specific allegations
against the appellant. While deciding the application filed under Section
319
application under Section 319 , Cr.P.C. filed by the Public Prosecutor for summoning the petitioners as accused in a case under Sections 406 , 498A ... under Section 319 , Cr.P.C. when the case reaches the evidence collection stage. It would, also be clear from the above that under Section
