against the soul and spirit of Section 319 of the Code of Criminal Procedure, therefore, it is liable to be quashed.
5. Facts ... court may, notwithstanding anything contained in sub-section (3) of section 319 of the Code of Criminal Procedure, 1973 (2 of 1974)] or in section
face trial for the offence under Section 363 , 364 , 302 , 201 IPC on the application under Section 319 Cr.P.C. Further prayer has been ... offence under Section 302 IPC. Thus, it may safely be held that impugned order passed on the application under Section 319 Cr.P.C. summoning
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 Criminal Procedure Code and the Sessions Judge need not wait till 'evidence' under Section 319 Criminal Procedure Code becomes
2010, whereby an application under Section 319 of the Code of
Criminal Procedure filed by the complainant / respondent no. 2 has been
allowed directing ... under Sections 200 , 201 , 202 Cr.P.C.; and under
Section 398 Cr.P.C. are species of the inquiry
contemplated by Section 319
dated 06.05.2010, whereby, application moved by the
prosecution under Section 319 of Criminal Procedure Code,
1973 (' Cr.P.C .' for short) for summoning ... under
Sections 200 , 201 , 202 Cr.P.C.; and under Section 398
Cr.P.C. are species of the inquiry contemplated by Section
319
Station Hathin, District Palwal as
additional accused under Section 319 of the Code of Criminal Procedure
(for brevity ' Cr.P.C .') has been ... stands concluded, they can not be subject to criminal
proceedings even if the application under Section 319 Cr.P.C. is meritorious.
This apart, such
exist in Section 351 of the old
Crl. Revn. No. 1651 of 2011 (7)
Code."
The powers under Section 319 ... Judge, as noticed by us, in terms of Section 319
of the Code of Criminal Procedure was required to arrive at
his satisfaction
Sections 363 , 366
and 376 IPC and also under Section 6 of POCSO was framed.
However, subsequently, an application was moved under Section 319
CrPC ... statement of the prosecutrix under Section 164 CrPC for allowing the
application under Section 319 CrPC. According to State counsel, there
State of Gujarat and others 2011(3) RCR (Criminal) 852.
It is pertinent to reproduce Section 319 Cr.P.C., which reads as
under:-
Crl ... appellant under Section 498-A
IPC or the satisfaction recorded by him for issuing process
against the appellant under Section 319
This Criminal Revision under section 397 / 401 of Criminal Procedure Code (for short ' Cr.P.C .) has been filed by the revisionist against ... mandate of Section 319(4) . The words "could be tried together with the accused" in Section 319(1) , appear to be only directory
