under:
CRL.MC NO. 5014 OF 2024
6
"12. S.319 Cr.PC springs out of the
doctrine judex damnatur cum nocens absolvitur
(Judge ... Hardeep Singh 's case (supra), the Apex Court
further held that at the stage of S.319 , the Court only has to
see whether
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
trial court to the
extent in not invoking S.319 of Cr.P.C. and implicating Hussain
and Sherif as accused for the offence punishable ... evidence to proceed
against the said Hussain and Sherif u/s.319 of Cr.P.C. and even
if the trial is over
case in view of the provisions contained in S. 173(8) and S. 319 of the Crl. P.C. In this case charge sheet ... contained in S. 173(8) of the Code.
6. The lower court is also not justified in exercising the powers under S. 319
such
satisfaction, the Court should refrain from
exercising power under S.319 CrPC. In
S.319 CrPC the purpose of providing if 'it
appears ... There is,
therefore, no scope for the Court acting
under S.319 CrPC to form any opinion as
to the guilt of the accused.
Further
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
S.A. No.354 of 1994
-: 5 :-
Ext.B5 and that compromise if any in O.S. No.319 of 1965 is not
valid ... compromise was in respect of subject
S.A. No.354 of 1994
-: 8 :-
matter of O.S. No.319 of 1965 registration
dismissed. Thus,
the appellants in R.S.A. No.532/2012 are the plaintiffs in O.S.
No.319/2003 and the appellants ... plaintiffs
in that suit, Shri S. Sreekumar submitted that the plaintiffs in O.S.
No.319/2003 have moved an application under Order I Rule
course of inquiry or trial in exercise of
power under S.319 of the Code has been set at rest
by a Constitution Bench ... legal position in the following
words:
"98. Power under S.319 CrPC is a
discretionary and an extra - ordinary power
KRISHNA PRASAD
SMT.S.SANTHY
SMT.MINI V.MENON
SRI.P.VISHNU PRASAD
RESPONDENT(S):
----------------------------
1. M.AMBADY,
S/O. LATE APPOKKAN, AGED 82 YEARS ... 319.
32. ROHINI,
W/O. LATE AMBADI, AGED 65 YEARS,
MUKKUNNATH HOUSE,
VIA UDUMA, KASARAGOD TALUK,
POST BARA - 671 319.
33. SAJITH, S/O. LATE
