short, "the
trial Court") has dismissed the application under Section 319 of Cr.P.C.
moved by the petitioner/victim for summoning ... summoning accused in offence under Section 302 IPC has
been dismissed and application under Section 319 Cr.P.C. in a cross case
with only
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
Dehradun. The said order was passed in
exercise of powers under Section 319 Cr.P.C. on an
application filed by the prosecution, whereby ... statement of the complainant
during trial, prosecution moved an application under
Section 319 Cr.P.C. for summoning the applicants.
Learned Additional Sessions Judge allowed
under sections 302 , 452 , 148 , 149 , 120B IPC, Police Station Banda, District Shahjahanpur, whereby application (paper no. 43 ka) under Section 319 ... application dated 11.11.2019 under Section 319 Cr.P.C. was moved by the opposite party no.2 for summoning the revisionists as an additional accused
language of Section 20-A of the Act, whatever is contained in sub-section (3) of Section 319 of the Code, would not stand ... offence, then, the court may, notwithstanding anything contained in sub-section (3) of section 319 of the Code of Criminal Procedure
District & Session Judge, Court No.4, Baghpat, in application under Section 319 Cr.P.C. arising out of Session Trial ... cross-examination at all, for in light of Sub- section 4 of Section 319 Code of Criminal Procedure, the person would be entitled
Section 498-A IPC and Section 3 / 4 Dowry Prohibition Act. Vide impugned order, the learned Magistrate has summoned the petitioners under Section 319 ... offences under Section 498-A IPC and Section 3 / 4 Dowry Prohibition Act.
It is well established that power of Section 319
Sessions
Judge, Kapurthala whereby, the application filed by the prosecution under
Section 319 Cr.P.C. for summoning of respondents ... deferred as the prosecution wanted to move an application under
Section 319 Cr.P.C. for summoning of respondents No.2 to 6 herein
steps but only in accordance with Section 398 Cr.P.C.
without resorting to the provision of Section 319 Cr.P.C.
directly ... contemplated by Section
300(5) Cr.P.C. and Section 398 Cr.P.C. cannot be an
inquiry under Section 319 Cr.P.C. Accordingly
