Court under
Section 319 of the Cr. P. C in the following manner:
(i) That while exercising the powers under Section 319 CrPC ... within the meaning of Section 351
13
of the J&K Cr. P. C or Section 319 of the Central
2018, by which the
application filed by the applicant under Section 319 of Cr.P.C. for
summoning respondents no.2 and 3 as additional ... 2022) in Criminal Appeal
No.397/2022 has held as under:-
"8. The scope and ambit of Section 319 of the Code
has been
which paragraph no.10 is reproduced hereinunder :-
"12. Section 319 Code of Criminal Procedure springs out of the doctrine judex damnatur cum nocens absolvitur ... ambit and the spirit underlying the enactment of Section 319 Code of Criminal Procedure.
13. It is the duty of the court to do justice
Class,
Pathankot; whereby the petitioners were summoned by exercising powers
under Section 319 Cr.P.C; as an additional accused to face the trial under ... petitioners namely, Munish Kumar and Ajay
Kumar. Therefore, the application under Section 319 Cr.P.C was moved by
the prosecution, after examination
IPC.
It is relevant to mention here that earlier the application filed by
the prosecution under Section 319 Cr.P.C. was dismissed ... Crl. Revision No. 1103 of 2016 10
erred in summoning the petitioners while exercising the powers under
Section 319 Cr.P.C. Only because
parties have been heard at length.
Section 319 of the Code of Criminal Procedure reads as under:-
"319. Power to proceed against other persons ... Criminal) 623, the Hon'ble Supreme Court held that the power under
Section 319 of the Code of Criminal Procedure is a discretionary
Hardeep Singh's case may be
recapitulated:
Power under Section 319 Cr.P.C. can be
exercised by the trial court at any stage ... evidence
recorded by the Court to invoke the power under
Section 319 Cr.P.C. No doubt, such evidence that
has surfaced in examination
basis of
an application moved by the prosecution under Section 319
Code of Criminal Procedure, 1973 (hereinafter called
Cr.P.C ). Petitioners Chander and Suman ... Criminal Revision No. 4019 of 2014 2
under Sections 302 , 323 , 452 , 506 read with section 34 of
Indian Penal Code, 1860 (hereinafter called IPC
this Court by way of criminal
revision petition no. 952/2008 against the dismissal of his application
under Section 319 ... court for reconsidering the
application under Section 319 C.P.C. Consequent to such remand, the
S.B.CRIMINAL REVISION PETITION NO. 173/2010
Gokul
basis to summon
the person to face trial under Section 319 of Code of Criminal Procedure.
Hon'ble the Apex Court in case ... Niwas and another 2009(3) RCR (Criminal) 501 has held that
power under Section 319 Cr.P.C must be exercised very sparingly
