persons in the instant case in exercise of the power u/s 319 Cr.P.C.
and thereby issued impugned summons dated 19.12.2022 to them ... examination was kept reserved, and the prosecution filed an application u/s 319
CrPC for arraigning the present petitioners and some other persons as accused
Sessions Judge at Kalaburagi
by allowing the I.A. filed U/s 319 and
summoning petitioners for making them as
Additional accused in the trial ... additional
accused cannot be added, hence allowing of
application U/s 319 by trial court needs to be
quashed at the hands of this
Sushma (unmarried nanad) was summoned in exercise of power U/s 319 Cr.P.C . by the learned trial judge to face the trial ... down that additional accused cannot be summoned U/s in exercise of powers U/s 319 Cr.P.C . in casual and cavalier manner
accused to face
the trial along with the main accused u/s 319 Cr.PC.
7. Taking into consideration the evidence on record, the trial ... Court accepted the application u/s 319 Cr.PC and summoned the
petitioners as additional accused to face the trial for the commission of
offences
that there is some
material against that person, the discretion
under S.319 CrPC would be used by the
Court. This is apart from ... This Court has, time
and again, declared that the discretion under
S.319 CrPC has to be exercised very
sparingly and with caution and only
Offence Act, 2012 , whereby the application of the revisionist filed U/s 319 CrPC has been rejected.
3. Learned counsel for the revisionist submitted that ... Thereafter, the revisionist filed an application U/s 319 CrPC on 29.7.2022 for summoning the opposite party nos. 2 to 4 to face trial
case, the
application (Annexure P6) moved by the petitioner-complainant u/s 319
Cr.PC to summon them (parents-in-law) was dismissed ... Judge has committed a legal mistake to dismiss the application u/s 319
Cr.PC of the complainant, so, the impugned order is liable
recovery of the said due amount with
interest in Com.O.S.No. 319/2019 before the Hon'ble
City Civil and Sessions Judge ... settlement both parties have filed compromise
petition in Com.O.S. No.319/2019 and suit was decreed
as per compromise petition
following observations;
"...1. Application filed by the complainant u/s 319
Cr.P.C. for arraigning Rajeev Pittie, Pranav Are and
Prashant Pittie ... under what
circumstances can arraigning of the proposed accused
persons u/s 319 Cr.P.C. be justified at this stage has
been unable
accused Maha Ram and
accused Laxmi Devi (now deceased) u/s 319 Cr.P.C ., PW2 was
examined again. He deposed on similar lines ... accused Maha Ram and
accused Laxmi Devi (now deceased) u/s 319 Cr.P.C ., PW3 ASI
Krishan Kumar was examined again. He deposed
