trial, on an application moved by the prosecution under Section 319
of the Criminal Procedure Code, 19734 the appellant was summoned as an
additional accused ... 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
Application No. 2399 of 2024 filed by the appellants herein under Section
482 of the Code of Criminal Procedure, 1973 (the “ CrPC ... Section 351 of the Code of Criminal
Procedure, 1898 (hereinafter referred to as “the Code, 1898”) was the
provision corresponding to Section 319
Crl.)No. 7518 of 2025 Page 1 of 24
whereby the application filed by the prosecution under Section
319 of the Code of Criminal Procedure ... examination at all, for in light
of sub-section (4) of Section 319 CrPC, the person
would be entitled to a fresh trial
Rajendra Prasad Yadav, Respondent No.2 herein,
under Section 319 of the Code of Criminal Procedure, 19731
vide order dated 28th September 2023 passed ... offence.
…
Crl.A.@ SLP(Crl.)No.3993/2025 Page 7 of 17
117.4. Considering the fact that under Section 319
CrPC a person
Sessions Judge
1 of 10
application under Section 319 of the Code of Criminal Procedure, 19735 filed
by the appellant, seeking to summon Rajesh Kumar ... under Sections 200 , 201 , 202 CrPC, and under Section
398 CrPC are species of the inquiry contemplated by Section 319 CrPC
offence of murder in
exercise of powers under Section 319 of the Code of Criminal
Procedure, 1973.
2. The First Information Report bearing Crime ... occurred
in Section 319 excludes from its operation an accused who
has been released by the police under Section 169 of the
Code
under
Section 306 IPC.
3.8 Respondent no. 2 approached the High Court
under Section 482 CrPC, asserting that the Trial
SLP (CRIMINAL ... Pradesh2 and other judgments
interpreting Section 306 IPC.
15. Having regard to the purpose of Section 319 CrPC,
we see no infirmity
which summons issued under Section 3191 of
the Code of Criminal Procedure, 1973 (hereinafter referred to
as the ‘Code’) by the learned Trial Court against ... Section 300(5) read
with Section 398 CrPC.
xxx
117.3. In view of the above position the word
“evidence” in Section 319 CrPC
Section 319 Cr.P.C.particularly when the first application filed by first informant/opposite party under Section 319 Cr.P.C. was got dismissed ... under Sections 148 , 149 , 323 , 324 , 325 , 302 , 307 and 506 IPC, which was passed in exercise of powers under Section 319 CrPC
accused.
12. The provisions of Section 319 Cr.P.C. have been enacted in the Code of Criminal Procedure with a view to achieve objective ... taking a decision to proceed under Section 319 of the Code or not."
107. Power under Section 319 Cr.P.C. is a discretionary
