1988 on 25-11-1989 under section 319 , Cr.P.C. taking cognizance of the offences against the present petitioners has been challenged in this ... order on that ground, moreover, the expression used in sub-Section (1) of Section 319 , Cr.P.C. is evidence. There are two decisions
offences punishable under
Sections 498A, 304B read with Section 34 , I.P.C. and
Sections 3 and 4 of the Dowry Prohibition Act, 1961.
These ... registered for the
offence punishable under Section 302 read with Sections
149 and 323 , I.P.C. and Section 27 of the Arms
deceased
i.e., GurunathGouda, had filed an application under Section 319 of
the Code of Criminal Procedure, seeking to include one Mr. Vinay
Kulkarni ... rejected on 1.3.2019 reserving liberty to invoke the provisions of
Section 319 of the Code of Criminal Procedure. After the said order
26
passed
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
Statements under Section 161 and FIR cannot be taken into consideration as evidence. The "evidence" under Section 319 ... statement under Section 161 of the Cr. P.C. and FIR cannot be taken into consideration as evidence as mentioned in Section 319
Smt Tungamma vs Union Of India on 1 March, 2019
Author: H.P.Sandesh
Bench
contention
that the order is violative of section 202 Cr.P.C.
Re: Stage of invoking Section 319 Cr.P.C.
33. Learned Counsel ... recorded. When their
petition under Section 482 Cr.P.C. against the order of their
inclusion under Section 319 Cr.P.C. was pending before
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
cross-examination at all, for in
light of sub- section 4 of Section 319 Cr.P.C., the
person would be entitled to a fresh ... cross-examination at all, for in light of
sub-section (4) of Section 319 CrPC, the person
would be entitled to a fresh trial where
allows an
interlocutory application filed by the 1st respondent under Section
319 of the CrPC ordering impleadment of 2nd respondent/Megacity
(Bangalore) Developers and Builders ... those criminal cases. He would
submit that the power under Section 319 Cr.P.C. could not have
been invoked in the cases at hand
