agency under Section 161 or recorded by a Magistrate under Section 202(2) cannot form basis for taking cognizance under Section 319 and that ... under Section 164 and Section 202(2) of the Code have been considered to be 'evidence' for the purpose of Section 319
which the
applicant has been summoned as an additional accused under Section
319 of Cr.P.C. as well as all other consequential proceedings ... order refusing to take cognizance
under Section 193 of Cr.P.C. The scope of power under Section 319 of
Cr.P.C. is completely
declared innocent and as
such, even in terms of sub-section (1) of Section 319, the trial Court at this
stage could not have summoned ... under Sections 200 , 201 ,
202 Cr.P.C.; and under Section 398 Cr.P.C. are species
of the inquiry contemplated by Section 319
taken under Section 193
Cr.P.C., and the Sessions Judge need not wait till
'evidence' under Section 319 Cr.P.C. becomes ... under
Sections 200 , 201 , 202 Cr.P.C.; and under Section
398 Cr.P.C. are species of the inquiry
contemplated by Section 319
named in the F.I.R. and she was summoned under Section 319 Cr.P.C. on the premise of statements of witnesses ... named in the F.I.R. and was summoned under Section 319 Cr.P.C. has also been granted bail by a coordinate Bench
folds. Firstly, that summoning of revisionists (three in numbers), under Section 319 Cr.P.C., is contrary to judgment passed by Constitution Bench in Hardeep ... Advocate is that, during pendency to challenge to order passed under Section 319 Cr.P.C. trial has been concluded against originally charge sheeted accused
Judge has allowed the
application filed by the respondent/State under Section 319
Cr.P.C.
2. According to case, on 17.10.2013, a written
complaint ... fixed for defence evidence. Thereafter, the
prosecution moved an application under Section 319 of Cr.P.C.
for adding six other persons as accused
remedy of discharge. It is, therefore, necessary to construe
Section 227 and Section 319 of the Cr.P.C.
3
5. Provisions of Sections ... Sections 319 and 227 makes
Section 227 unavailable to an accused who has been added
under Section 319
Chief Judicial
Magistrate, Fatehgarh Sahib on an application moved under Section 319
Cr.P.C. by the prosecution, whereby the petitioner has been summoned ... language of the
Section demands."
While dealing with the term "evidence" as has been used in
Section 319
Code as evidenced by Section 319 , over Section 351 of the 1898 Code. Section 319 has been recast and made comprehensive, bidding a good ... added accused."
(Emphasis supplied)
8. The provisions of Section 190 read along with Section 319 do not leave any manner of doubt that
