Charkhi Dadri vide which the application moved under Section 319 of the
Code of Criminal Procedure (for short ' Cr.P.C .') was allowed ... criminal justice system to arraign any
person as an accused during the course of inquiry or trial as contemplated
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
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
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
hear rival parties and
decide the application under Section 319 of Code of Criminal
Procedure, 1973 afresh with proper reasons. The application in
question shall ... statements shown to be recorded under Sections
174/175 Cr.P.C. and Section 161 Cr.P.C.
15. It is also necessary, before deciding
IPC and Sections 25 and 27 of
the Arms Act, 1959, after an application dated 11.07.2017 under Section
193 Cr.P.C. read with 319 ... Section 319 Cr.P.C. Infact, the said application was filed
under Section 193 Cr.P.C. Merely because Section 319
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
Supreme Court.
It was viewed that sub Section 1 of Section 319 Cr.P.C.
makes it clear that it operates in ongoing inquiry into ... defined under Section 2(g) of the Code of Criminal Procedure. The
Court, accordingly, concluded that Magistrate at the stage of Section
209
taken under
Section 193 Cr.P.C. and the Sessions Judge need not
wait till 'evidence' under Section 319 Cr.P.C. becomes ... under Sections 200 , 201 ,
202 Cr.P.C.; and under Section 398 Cr.P.C. are
species of the inquiry contemplated by Section 319
