Date: 2024.09.11
17:35:22 IST
Reason:
2
Section 319 of the Code of Criminal Procedure, 19731 to summon the
appellant as an accused ... Section 120B of the Indian Penal Code, 186010 read with
Section 302 of IPC if independent evidence other than the statement
under Section 164
Reason:
SLP(Crl.) No.12292 of 2022 Page 1 of 14
Code of Criminal Procedure , 19731 and thereafter
proceed to decide the trial.
Brief facts ... cross-examination at all, for in light
of sub- section 4 of Section 319 Cr.P.C., the
person would be entitled to a fresh
Appellant prompting the Trial
Court to pass a summoning order under Section 319 Cr.P.C. The
principles of law being settled by the judgments ... Punjab , (2014) 3 SCC 92, for criminal courts to follow
while exercising power under Section 319 Cr.P.C.:
“94. In Pyare Lal Bhargava
under Sections 200 , 201 , 202 Cr.P.C.; and under Section 398 Cr.P.C. are species of the inquiry contemplated by Section 319 ... scheme of Sections 319 and 227 makes Section 227 unavailable to an accused who has been added under Section 319 CrPC
order
passed below Exh.154 dated 06.06.2024 under
section 319 of Code of Criminal Procedure (for
short ' Cr.P.C .'), moved ... under Sections 200 , 201 , 202
Cr.P.C.; and under Section 398
Cr.P.C. are species of the inquiry
contemplated by Section 319
petition dated 11.02.2020 filed by the prosecution under Section 319 of
the Code of Criminal Procedure.
2. By the said order under revision the learned ... accused‖ appearing in sub-section (1) read
with the requirement in sub- section 4(a) to Section
319 of CrPC and to understand
Court,
Fazilka. Before filing a police report under Sec$on 173 Code of Criminal Procedure , 1973
[ CrPC ... applica$on dated
21.09.2017 was moved under Sec$on 319 of the Code of Criminal
Procedure , 1973 to summon Joga Singh, PSO of Sukhpal Singh
under Sections 366 , 376 , 328 & 506 I.P.C., Police Station Modinagar, District Ghaziabad whereby the revisionist has been summoned under Section 319 ... IPC I.P.C . is made out nor does question of any offence having been committed with the aid of Section 120B
summoned for the trial u/s 147 , 148 , 149 , 302 I.P.C.
ORDER
Hence application u/s 319 Cr.P.C. dated ... under Sections 148 , 149 , 323 , 324 , 325 , 302 , 307 and 506 IPC, which was passed in exercise of powers under Section 319 CrPC
Code, 1860, by order dated 08th June 2022, the learned Additional Sessions Judge exercised power under Section 319 of the Code of Criminal Procedure ... order passed under Section 319 . 6. Regarding the extent and degree of inquiry required for deciding an application under Section 319 of
