newly added accused.”
11. Section 319 Cr.P.C. as it exists today, is quoted hereunder:
“319 Cr.P.C . -Power to proceed against other ... indicated in Section 230 Cr.P.C., that court can
deal with only the accused referred to in Section 209 Cr.P.C. and
there
first time appears under Section 200(2) Cr. P. C. Under Section 202, Cr. P.C. the word 'evidence' means only the examination ... person under Section 319, Cr. P.C. is concerned in all respects it is similar to Section 204, Cr. P.C. Even if the witness
summoning of the petitioner - Pehalwan Shukla, under the provisions of Section 319 Cr.P.C and fixed the matter on 11.09.2008. In the said case ... counsel for the opposite party no. 2, the provisions of Section 319 Cr. P. C are clear and unambiguous and leave the discretion of summoning
under Section 319 Cr.P.C to face trial under Sections 406 , 409 , 420 , 467 , 468 , 471 , 120B I.P.C. and order dated ... P.W.-3 and statement of victim was recorded as P.W.-4. Thereafter, prosecution moved application under Section 319 Cr.P.C. stating that
Magistrate under Section 164 , Cr. P.C. and the statements recorded by the Magistrate under Section 202(2) , Cr. P.C. and the papers submitted ... Magistrate under Section 164 , Cr. P.C. and the statement recorded by the Magistrate under Section 202(2), Cr. P.C. and the papers submitted
under Sections 200 , 201 ,
202 Cr.P.C.; and under Section 398 Cr.P.C. are species
of the inquiry contemplated by Section 319 Cr ... submitted under Section 173 of the Cr.P.C. (i.e. those who were later
summoned on an application filed under Section 319
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 Cr
stage of 319 Cr.P.C . is akin to taking of cognizance by a Magistrate under Section 190 Cr.P.C. Therefore, at the initial ... P. Mathur, Hon'ble Justice P.K. Balasubramanyan observed that there is no reason to describe the power under Section 319 Cr.P.C
considered.
11. Section 319 Cr.P.C. as it exists today, is quoted hereunder:
"319 Cr.P.C . -Power to proceed against other persons ... under Sections 200 , 201 , 202 Cr.P.C.; and under Section 398 Cr.P.C. are species of the inquiry contemplated by Section 319 Cr
case may be. According to Section 300 (5) Cr.P.C., a person discharged under Section 258 Cr.P.C. shall not be tried again ... contemplated by Section 300(5) Cr.P.C. and Section 398 Cr.P.C. cannot be an inquiry under Section 319 Cr.P.C. Accordingly
