Court of Session under Section 209 CrPC to stand trial. Before the Sessions Court, an application under Section 319 of the Code was filed prayng ... purported to exercise powers under Section 319 or under any other provisions. Furthermore, the exercise of powers under Section 319 Cr.P.C., for having
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
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
argued that
by the decision of the main case, the application under Section 319
Cr.P.C. will not become infructuous.
Heard.
It is admitted ... trial Court. The learned Court below, while
dismissing the application under Section 319 Cr.P.C., observed that the
Sethi Atul
larger Bench, which are as under:
"(1) When the power under sub-section (1) of Section 319 of the Code of addition of accused ... under Section 319 Cr.P.C. Word appears is important.
15. The following broad principles as to under what circumstances power under Section 319
2007, whereby the Trial Court has dismissed the application under Section 319 Cr.P.C. moved by the prosecution.
3. The concise facts ... larger Bench, which are as under:
"(1) When the power under sub-section (1) of Section 319 of the Code of addition of accused
under Section 302 IPC, Police Station Tarabganj, District Gonda by which the learned court below has allowed the application under Section 319 ... read under Section 299 Cr.P.C., then the Court below has erred in summoning the accused persons under Section 319
accused under section
319 of the Cr.P.C., if some evidence is produced
before the Magistrate and for the provisions under
section 319 ... under section 319
of the Cr.P.C. appears to be pre-mature.
On the basis of the aforesaid discussion, the
petition under section
additional accused under Section 319 Cr.P.C. to face trial for
offences punishable under Sections 302 and 201 read with Section
34 IPC.
Briefly ... without any application of judicial mind and without considering the
order already passed in earlier application moved under Section 319
Cr.P.C. as well
have also been summoned as additional accused
under Section 319 Cr.P.C., in a case under Section 304-B IPC. The
petitioner is aggrieved ... application
filed by the accused on the basis of the material produced before the
Court. But in the present case the application under Section 319
