number XXXVIII of 1978, but no change was brought in Section 193 or Section 351. Chapter XVIII of the State Code relating to inquiry into ... Section 205-D for committal of the case instead of the accused, was of no consequence, for Section 193 governed both Sections 351
proceed in accordance with the provisions of sub-section (2) of Section 351 of the Cr.P.C. 1898 (hereinafter called 'the Code ... Shri Sethi, however, strenuously contended that reference to sub-section (1) of Section 351 of the Code in Section
Central Code (now Section 319 were identical to those of Section 351 of the J. & K. State Cr. Procedure Code and there was conflict ... change was made in Section 193 or Section 190 or Section 351 . Section 190 , Cr.P.C. is an independent provision not governed by what
service the
provisions of Section 319 of the Central Code of Criminal
Procedure whereas the case was governed by Section 351 of
the State Code ... meet the same contingencies.
Section 319 of the Central Cr. P. C is an improvised version of
Section 351 of the State Code. This
aforesaid questions posed, it will be
appropriate to refer to Section 351 of the Criminal Procedure Code,
1898 (hereinafter referred to as `Old Code’), where ... should have the power to call and
join him in proceedings. Section 351 provides for such a
situation, but only if that person happens
upon which the inquiry or trial was commenced.
6. Section 319 corresponds to Section 351 of the repealed Code of Criminal ... Procedure , 1898. That Section must be read in juxtaposition with Section 319 of the Code. The Law Commission suggested that Section 351 should be recast
trial was commenced.
10. A somewhat similar provision was contained in Section 351(1) of the
Code of Criminal Procedure, 1898 [for short, 1898 Code ... against as if he had
been arrested or summoned. Sub-section (2) of Section 351 provided
that in such a situation the evidence shall
subject made in the 1973 Code as evidenced by Section 319 , over Section 351 of the 1898 Code. Section 319 has been recast and made ... should have the power to call and join him in proceedings. Section 351 provides for such a situation, but only if that person happens
Judge in that case that the Magistrate had taken cognisance under Section 351 Cr. P.C. Had the learned Judges come to the conclusion that ... Section 191 , Cr. P.C. does not arise.
(2) If 'B' is present in Court the Magistrate can act under Section 351
sanction-was accorded to prosecute him. Learned counsel referred me to Section 351, Cr. P. C. It is true that under Section 351 a Magistrate ... that section and there is-no reason why I should ascribe to him the intention, of proceeding under the special procedure of Section 351 unless
