relates to purely a legal question as to the applicability of section 319 Cr.P.C. in present scenario of the case whereby ... accused Onkar Bharadwaj was summoned in the exercise of power under section 319 Cr.P.C by the learned Trial Court allowing the application
2014, whereby the application filed by
the co-accused Sunil under Section 319 of Cr.P.C. has
been allowed and it was directed that ... above witnesses, the
co-accused Sunil has moved an application under
Section 319 of Cr.P.C. for impleading the applicants as
an accused
face the trial as an additional
accused as per provisions of Section 319 of Code of Criminal Procedure.
2. Relevant facts of the case that ... application filed under Section 319 Cr.P.C., Charanjit Kaur alias Karamnit
Kaur wife of Kulwant Singh, had hatched a criminal conspiracy to take
illegal
disposal of this petition are that an
application under Section 319 Cr.P.C. was moved before the trial Court al-
leged therein that Poonam ... reheard. A reading of
the plain language of sub-section (1) of Section 319 Cr.P.C. makes it
Crl. Revision
which the process has been issued against the petitioners under
section 319 of the Code of Criminal Procedure.
2. A complaint case was instituted being ... involvement had also
surfaced and therefore under the provision of Section 319 Cr.P.C.,
summons were issued to the petitioners to face the trial
perspective.
Learned counsel submits that the exercise of the powers under
Section 319 Cr.P.C. can be made only when in course of trial ... alleged offences. Prior to
such stage, the provisions of Section 319 Cr.P.c. cannot be invoked at all.
5. Explaining in the context
provisions of
Section 300 (5) read with Section 398 Cr.P.C. the court
cannot invoke power under Section 319 ... under sections
200 , 201 , 202 Cr.P.C. and under section 398 Cr.P.C. are
species of the inquiry contemplated by Section 319
were
summoned to face the trial as an additional accused under Section
319 Cr.P.C. in FIR No. 39 dated 1.5.2008 under Sections ... initiating proceedings against the appellant herein under
Section 498-A IPC."
Section 319 reads as under:-
CRM-M No.32799
under Section 313 Cr.P.C. the case was posted for arguments of both parties. The public prosecutor filed an application under Sections 319 ... trial for the offence punishable under Sections 120B and 109 IPC. Further it is submitted that Section 319 Cr.P.C. empowers the Court
been summoned in a case under Section 307 IPC in exercise of powers under Section 319 Cr.P.C.
2. It has been contended ... application moved by opposite party No. 2 under Section 319 Cr.P.C. the impugned order has been passed on 28.1.2008 summoning the applicant
