contention
that the order is violative of section 202 Cr.P.C.
Re: Stage of invoking Section 319 Cr.P.C.
33. Learned Counsel ... recorded. When their
petition under Section 482 Cr.P.C. against the order of their
inclusion under Section 319 Cr.P.C. was pending before
cognizance initially either
from Section 173 Cr.P.C. or Sections 200 to 204 Cr.P.C. for invoking
Section 190 ... Sections 173 read with 190 Cr.P.C . or
Sections 200 to 204 Cr.P.C. or from the very wording of Section 319
exercised,
20 MSM, J
Crl.P No_3459_2013
notwithstanding the circumstances enumerated in sub-section 3 of
Section 319 of ... power under Section 20-A of the Act is akin to the
power of the criminal court under Section 319 of
accused under Section 227 of Cr.P.C. and the trial court while exercising powers under Section 319 Cr.P.C. The trial judge ... under Section 161 Cr.P.C. is not a substantive piece of evidence. In view of proviso to subsection (1) of Section 162
discharged, the procedure for enquiry envisaged under Section 398 Cr.P.C. cannot be circumvented by prescribing to procedure under Section 319 ... IPC in view of the judgment in Hardeep Singh Case (supra). The additional accused cannot be summoned under Section 319 Cr.P.C., in casual
passed in the application U/s 319 Cr.P.C . dated 03.06.2017.
During the pendency of above 319 Cr.P.C . application, the testimony ... down that additional accused cannot be summoned U/s in exercise of powers U/s 319 Cr.P.C . in casual and cavalier manner
made the request under Sections 193 and 226 of the
Code of Criminal Procedure( Cr.P.C .). The said application was heard by
the learned ... added as accused under Section 193 Cr.P.C., and that such a
procedure is possible only under Section 319 Cr.P.C. The case
finally.
2. In this revision under Section 401 of the Criminal
Procedure Code (hereinafter referred to as ' Cr.P.C .') the
original informant ... Appln.133-18.odt
105. Power under Section 319 Cr.P.C. is a
discretionary and an extraordinary power. It is to be
exercised sparingly
District.
2.Vengatesan .. Respondents
PRAYER: Criminal Revision filed under Section 397 r/w 401
of the Criminal Procedure Code to call for the records
pertaining ... parties and perused the documents placed on
record.
9. Section 319 of the Criminal Procedure Code enables
the Magistrate to add any person
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
