officer for concluding innocence of the revisionists; that the application u/s 319 Cr. P. C. had been filed after lapse of five years since ... legal position with regard to the exercise of powers u/s 319 Cr. P. C. for summoning the accused but main controversy
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
s case (Supra).
(26) In view of the aforesaid authorities it has to be considered by the court while exercising the jurisdiction u/s 319 ... Harbhajan Singh 's case (Supra) after considering the judgement in Rakesh 's case (Supra) and in Mohd. Shafi 's case (Supra) observed
pendency of the case, the prosecution moved an
application u/s 319 Cr.PC to summon respondent Nos.2 to 8 Manjit Singh ... indicated offences.
4. The trial Court dismissed the application u/s 319 Cr.PC, by
virtue of impugned order dated 27.8.2009 (Annexure P1).
5. Aggrieved
S. -
Danapur, District - Patna
2. Ranjeet Kumar S/O Bally Pahalwan R/O Sakeen - Sultanpur, P.S. -
Danapur, District - Patna
.... .... Petitioner/s
Versus ... Sultanpur, P.S. - Danapur, District - Patna
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birju Prasad, Adv.
For the Opposite Party/s : Mr. Aditya
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
Kishori Dimar ) by which invoking the powers u/s 319 Cr.P.C
all petitioners have been made accused persons with co-accused person ... Ginniraja (PW 2) trial Court took
cognizance against the petitioners u/s 319 Cr.P.C and made accused
against which this petition has been
Prasad
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : ( In person )
For the Opposite Party/s : Mr.
======================================================
CORAM ... complainant, if he so desired, he could file
application u/s 319 of the Code and the court below would decide
the case in accordance
Chauhan Learned Metropolitan Magistrate- Saket
Courts, New Delhi, whereby applications u/s 319 Cr. P.C for summoning
respondents was dismissed in a complaint case ... held that
order whereby complainant's application u/s 319 Cr. P. C was rejected, is not
an interlocutory order within the meaning
judicata/issue
estoppelapplicabilitycourt on earlier occasion in application
S.319 declined to summon petitioners as additional accused
revision against that order was dismissed ... counsel had pressed his arguments on u/s 319 Cr. P.C. and seeking the
discharge of present applicant on the ground that since this
