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
Criminal Revision Petitions and upheld the order of
the Trial Court summoning the accusedappellants herein, under
Section 319 of the Code of Criminal Procedure ... When the power under subsection (1) of
Section 319 of the Code of Criminal Procedure,
1973 of addition of the accused can be exercised
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
Verified
Digitally signed by
MAHABIR SINGH
Date: 2019.07.23
Shukla under Section 319 Cr.P.C. as an accused.
16:56:18 IST
Reason:
3. Brief ... Shiv Prakash Mishra filed a petition under Section 319
Cr.P.C. to implead the second respondent-Subhash Chandra
Shukla as an accused. The trial
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
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
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 application filed by the prosecution under Section 319 of the
Code of Criminal Procedure (in short ' Cr.P.C ') 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
application moved by complainant Chhinder Kaur under
Section 319 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .').
Learned counsel ... under Sections
200 , 201 , 202 Cr.P.C.; and under Section 398 Cr.P.C. are
species of the inquiry contemplated by Section 319
Mathura, whereby applicant has been summoned in exercise of powers under Section 319 Cr.P.C. to face trial alongwith other co-accused persons ... Section 319 of the Code in casual and cavalier manner in the absence of strong and cogent evidence. Under Section 319 of the Code additional
