where summons issued
purporting to invoke power under Section 319 of the Code of
Criminal Procedure ( Cr.P.C .) has brought the newly summoned
person ... CRIMINAL APPEAL NO. 990 OF 2021
(Arising out of SLP (Crl.) No. 6381 of 2020)
of Hardeep Singh (supra):
105. Power under Section 319
State Vs. Chaman Singh ), whereby the applicant has been summoned under Section 319 Cr.P.C to face trial under Sections ... applicants.
(xv) Initiation of criminal proceedings under the facts and circumstances of this case in exercise of powers under Section 319 Cr.P.C. against
which the
applicant has been summoned as an additional accused under Section
319 of Cr.P.C. as well as all other consequential proceedings ... order refusing to take cognizance
under Section 193 of Cr.P.C. The scope of power under Section 319 of
Cr.P.C. is completely
Section 319 of the Code of Criminal Procedure, 1973,
(hereinafter to be referred to as the Cr.PC or the Code), has been allowed ... under Sections 200 , 201 ,
202 Cr.P.C.; and under Section 398 Cr.P.C. are species
of the inquiry contemplated by Section 319
Criminal) 623
Hardeep Singh v. State of Punjab and others and contended that
ingredients of offence under Section 319 Cr.P.C., are fully attracted ... under
Sections 200 , 201 , 202 Cr.P.C.; and under Section
398 Cr.P.C. are species of the inquiry
contemplated by Section 319
named in the F.I.R. and she was summoned under Section 319 Cr.P.C. on the premise of statements of witnesses ... named in the F.I.R. and was summoned under Section 319 Cr.P.C. has also been granted bail by a coordinate Bench
this provision, inter alia, in the following:
"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
Judge has allowed the
application filed by the respondent/State under Section 319
Cr.P.C.
2. According to case, on 17.10.2013, a written
complaint ... counsel for the petitioner stated that the power of Court
under Section 319 Cr.P.C is discretionary and extraordinary in
nature and before invoking
that the term
"evidence" as used in Section 319 of the Criminal
Procedure Code would mean evidence which is
tested by cross-examination ... Crl. Misc. No. M-27561 of 2008 7
Dealing with the powers of the Court under Section 319 of the
Code of Criminal Procedure
recorded during
inquest.
3.2 The law in regard to provision of Sec 319 Cr.P.C . is
settled by the five Judges Bench of Apex ... evidence can be taken
into account for the purpose of invoking Sec 319 Cr.P.C . The
question and the answer are as follows:
QUESTION
