Section 319 in The Code of Criminal Procedure, 1973
319. Power to proceed against other persons appearing to be guilty of offence.
(1) Where ... have committed. (4) Where the Court proceeds against any person under sub-section (1), then - (a) the proceedings in respect of such person shall
newly added accused.”
11. Section 319 Cr.P.C. as it exists today, is quoted hereunder:
“319 Cr.P.C . -Power to proceed against other ... indicated in Section 230 Cr.P.C., that court can
deal with only the accused referred to in Section 209 Cr.P.C. and
there
Section 397 vis-à-vis Section 482 of Cr.P.C. observed
that Section 397 or any of the provisions of Cr.P.C . will ... appeal or revision the inherent power under
Section 482 Cr.P.C. or Section 151 C.P.C. cannot and should not be
resorted
summoned as
additional accused persons under Section 319 of Code of Criminal Procedure,
1973 ( Cr.P.C .) to face the trial along with other accused ... array of accused under Section 319 Cr.P.C.
During the period when S.B. Criminal Revision No. 505 of 2000 was pending
before
crossexamination at all, for in light of subsection (4)
of Section 319 CrPC, the person would be entitled to
a fresh ... passing of an order under Section 319 CrPC,
as such a procedure is not contemplated by CrPC .
Secondly, invariably the State
accused is discharged under
Section 245 Cr.P.C., in the absence of any
fresh material, summons under Section 319 of
the Code could ... under
Section 319 of Cr.P.C. had been considered
and it was held that the power under Section
319 vested in the Court should
corresponds to Section 351 of the repealed Code of Criminal Procedure , 1898. That Section must be read in juxtaposition with Section 319 of the Code ... Commission section 351 of the old Code was replaced by Section 319 in the present Code. Section 351 of the old Code empowered detention
stage under Section 190 of the Cr.P.C. and issue of process
under Section 204 of the Cr.P.C. This principle laid down ... recorded under Section 161 of the Cr.P.C. these
appellants were named and such statements under Section 161
Cr.P.C. would constitute ‘documents
Judge to reconsider the application under Section 319 Cr.P.C. afresh.
9. The powers under Section 319 Cr.P.C. to proceed against ... that
the power under Section 319 , Cr.P.C. is discretionary and should be
exercised only to achieve criminal justice and that the court should
319 Cr.P.C. ( to be referred as 'Code' in brief) by the O.P. No. 2 to face trial under Sections ... application under Section 319 Cr.P.C. which is violation of the provisions of section 301 Cr.P.C. and for this reliance has been
