Section 351(1) of the
Code of Criminal Procedure, 1898 [for short, 1898 Code] under which it
was provided that any person attending a criminal ... question of reading Section 319(1) subject or subordinate to
Section 193 .
The argument that Section 319 Cr.P.C. excludes from its operation
summoning the accused for the offence
punishable under Section 302 IPC.
12. Under Section 319 Cr.P.C., a person can be added ... under Section 302 IPC
against Chanchal @ Babita. As held in the Constitution Bench
judgment in Hardeep Singh, for summoning an accused under
Section 319
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 ... accused in the FIR under
Sections 302 , 307 of IPC. On the other hand, in offence under Section 326
IPC, as many as four persons
1988 on 25-11-1989 under section 319 , Cr.P.C. taking cognizance of the offences against the present petitioners has been challenged in this ... order on that ground, moreover, the expression used in sub-Section (1) of Section 319 , Cr.P.C. is evidence. There are two decisions
Section 319 of the Code of Criminal Procedure
(hereinafter called " Cr.P.C ." for short) and, more particularly, Sub-Section
(4) thereof ... contention that the term 'evidence' as used in
Section 319 Criminal Procedure Code would mean
evidence which is tested by cross examination cannot
High Court dated 11.07.2019 in the Criminal
Revision, Learned Session Judge again considered the application
under Section 319 Cr.P.C. Learned Session Judge referring ... issued under Section 446 Cr.P.C. The High Court further took the view that
since the proceedings in pursuance of Section 319
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
under Sections 200 , 201 , 202 CrPC, and under Section 398
Cr.PC are species of the inquiry contemplated by Section 319 CrPC ... section 3 provides
that except as provided in sub-sections (1) and (2) of Section 8 the
provisions of the Code of Criminal Procedure
application filed by the second respondent under Section 482 of the
Code of Criminal Procedure 1973 (“ CrPC ”), set aside an order dated ... exercises the power under
Section 319, the Constitution Bench held:
“105. Power under Section 319 CrPC is a discretionary and
an extraordinary power
ordered the summoning of the Appellants under Section 319
of the Code of Criminal Procedure, 1973 (hereinafter ‘ Cr.P.C .’) as
additional accused.
A. FACTS ... Appellants. Soon
thereafter, Respondent No. 1 filed an application under section
319 Cr.P.C before the Trial Court to summon the Appellants as
additional
