Sudhir Kumar Bhole vs State Of Chhattisgarh on 15 September, 2017
17. It is further contended that only challenge in this revision is
part of the order passed u/s 319 of Cr.P.C. Therefore, having
made submission before the Supreme Court that the case do
not fall u /s 319 of Cr.P.C., they are estopped to challenge
the order before this Court. It is further submitted that as
per the case law reported in 2010 (2) Maharashtra Law
Journal (Ashok Ghanshyam Kamble Vs. CBI) the
application for joining a particular person cannot be made by
other accused. It is prerogative of the prosecution to file
such application. He further submits that the rejection of
application u/s 319 was before framing of the charge since
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the validity of the order has to be adjudged on the date of
application, the charges having been framed and 4
witnesses having already been examined, the stage for such
prayer has already been passed.