Court No. 2), District Maharajganj summoning the revisionists under Section 319 Cr.P.C. in S.T. No. 01/2007 ( State ... satisfaction under Section 319 of the Code is much higher."
21. Similarly, counsel for the revisionists has further relied upon 2013 Crl
Trial No. 153 of 2003, whereby, in exercise of power under Section 319 Cr.P.C., the revisionists have been summoned to face trial along ... directory whereas de novo trial, as provided under sub-section (4) of Section 319 CrPC, is mandatory, therefore, exercise of power even
section (1) of section 319 of the Code of addition of accused can be exercised by a Court? Whether application under section 319 ... Section 319 of the Code should be exercised or not stating that at that stage evidence as used in Section 319 of the Code would
I.P.C. and Section ¾ D.P. Act on an application moved by the complainant under Section 319 Cr.P.C.
The applicant ... questions, question no.1 when the power under sub- section 1 of Section 319 Cr.P.C. addition of accused can be exercised
Criminal) 711 set aside the Order
of the High Court that had dismissed the application under Section 319 of
the ... evidence" in Section
319 contemplates that evidence of witnesses
given in Court..."
An order under Section 319 of the Code, therefore,
should
case for the offence under Section 498A , 307 IPC and later on, since deceased died, therefore, Section 304B IPC was added.
After usual investigation, police ... under Sections 498A , 304B IPC.
12. In the facts and circumstances just narrated above, the question for consideration is when application under Section 319
trial though he does not figure as an accused. Sub-section (1) of Section 319 Cr.P.C. which confers jurisdiction to proceed ... Code of Criminal Procedure, 1973 (in short ' Cr.P.C .') on 19.02.2003. Thereafter on 07.05.2003, an application in terms of Section 311
collected during investigation like statement under Section-161 Cr.P.C. as well as under Section-164 Cr.P.C. and also the medical examination ... Code, which has been considered by the learned trial Judge under its order dated 30 th January, 2018."
16. From Section 319
Finder Doc id 514451 in Criminal Appeal
No. 1751 of 2008 to contend that the power under Section 319 Cr.P.C. is
discretionary ... Criminal Appeal No.763 of 2017
decided on 27.4.2017 to contend that the trial court prior to summoning the
petitioner under Section 319
steps but only in accordance with Section 398
CrPC without resorting to the provision of
Section 319 CrPC directly.
***
116. Thus ... directly under Section 319 CrPC without taking
recourse to provisions of Section 300(5) read
with Section 398 CrPC
