prayer in the Assistant Public Prosecutor's application.
However, the Magistrate invoked his jurisdiction under s.
319 Cr. P.C. [815E ... dealt with under s. 216 . Appellants 3 & 5 could be
dealt with neither under s. 216 nor under s. 319 . The order
Judge, Jaura Distt. Morena
in S.T. No. 15/2017 of the trial Court allowing an application
u/S 319 Cr.P.C. preferred ... Judge, Jaura Distt. Morena
in S.T. No. 15/2017, so far as it allows the application u/S
319 Cr.P.C. dated
relation to S. 173(2) , (ii) u/ S. 190 , Cr.P.C., in relation to S. 173(8) and (iii) u/ S. 319 ... Supreme Court's decisions in Delhi Municipality's case, and S. S. Khanna 's case, . In these circumstances, I am not able
adding any other
person as an accused u/s.319 of the Code of Criminal Procedure, if
there is sufficient evidence against such person ... considered for adding other persons as
an accused u/s.319, but once trial is started, order of
re-investigation cannot be passed
disclosed.
9
That being the position, invoking the power conferred u/s 319
Cr.P.C., I am of the considered view that the above ... offence. The learned Court below while
invoking the power U/S 319 has relied upon the prosecution witness PW 7 (the
petitioner himself
then this power could be exercised in the manner envisaged by S. 319 of the Code.
8. The matter appears to have been argued ... court under the Cr.P.C . 1973 barring the provisions of S. 319 , and that unless the trial commences, and some facts come to light
Pakur, whereby and whereunder, an application preferred by
the prosecution u/s 319 of the Code of Criminal Procedure ( Cr.P.C .) has been
allowed ... recording the statement u/s 313 Cr.P.C. Subsequently, the
prosecution had filed an application u/s 319 Cr.P.C. for summoning
S.TO JUDGE
sts
RAJA VIJAYARAGHAVAN.V. J
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Crl.M.C.3603 of 2013
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Dated 26th June, 2015
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ORDER
1. Invoking powers under S 319 ... Section 319 of the Code seeking invocation of the
powers under S 319 of the Code and to proceed against
Crl.M.C.3603
summoned after accused Devi Shankar Mishra @ Pappu
was summoned U/s 319 Cr.P.C . In his initial statement
recorded on 06.10.2017, he deposed that ... pursuance to summoning of
third accused Devi Shankar Mishra @ Pappu U/s 319
Cr.P.C . wherein PW-2 had reiterated the facts as deposed
Court of India has decided
about the maintainability of application u/S 319 Cr.P.C qua
additional accused persons after taking cognizance ... held by Hon'ble Apex
Court that the power u/S 319 Cr.P.C can be exercised against a
person not subjected
