Constitution Bench upon consideration of various provisions of Evidence Act , Code of Criminal Procedure as well as the underlying principles of Section 319 ... discharge would not be in accordance with the purpose of Criminal Procedure Code in enacting Section 319 which empowers the Court to summon a person
Rajeev Misra,J.
1. This application under Section 482 Cr.P.C. has been filed challenging order dated 02.02.2021, passed by Additional Sessions Judge/Special ... mentioned criminal case.
15. Aggrieved by above order dated 02.02.2021, applicants have now approached this court by means of present application under Section 482
Bench upon consideration of various provisions of the Evidence Act , Code of Criminal Procedure as well as underlying principles of Section 319 ... discharge would not be in accordance with the purpose of Criminal Procedure Code in enacting Section 319 which empowers the Court to summon a person
discharge would not be in accordance with the purpose of Criminal Procedure Code in enacting Section 319 which empowers the Court to summon a person ... Code of Criminal Procedure. The said order is confirmed by the High Court. The procedure as contemplated under Section 319 CrPC as well
Bench upon consideration of various provisions of the Evidence Act , Code of Criminal Procedure as well as the underlying principles of Section 319 ... discharge would not be in accordance with the purpose of Criminal Procedure Code in enacting Section 319 which empowers the Court to summon a person
illicit intercourse.
(16). That Section 120B IPC states "whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment ... IPC I.P.C . is made out nor does question of any offence having been committed with the aid of Section 120B
under Sections 307 , 323 , 504 , 506 IPC, P.S. Chhaprauli, District Baghpat, whereby the application under Section 319 Cr.P.C. filed by the prosecution ... Sections 307 , 323 , 504 , 506 IPC, P.S. Chhaprauli, District Baghpat, whereby revisionists have been summoned under Section 319 Cr.P.C. to face trial
framing charge under Section 227 of the Code in sessions cases (which is akin to Section 239 CrPC pertaining to warrant cases ... decision are as under :
"11. Section 227 of the Code of Criminal Procedure having bearing on the contentions urged for the parties, provides
I.P.C. and Sections 3/4 D. P. Act. They, therefore, conclude that since the order impugned in present criminal revision does not suffer ... I.P.C. P.S.- Fatehganj (West), District Bareilly, whereby the application under Section 319 Cr.P.C. filed by the prosecution/first informant
been summoned under Section 109 I.P.C. read with Section 376 DA I.P.C . and Section 17 read with Sections 5 / 6 POCSO ... consequently, summoned the revisionist Nisha Singh under Section 109 I.P.C. readwith Section 376 DA I.P.C . and Section 17 read with Section