Section 319
Cr.P.C. can be exercised?
AND
Q.III Whether the word "evidence" used in Section 319(1)
Cr.P.C ... taken under Section 193 Cr.P.C. and the
Sessions Judge need not wait till `evidence' under Section
319 Cr.P.C. becomes available
Section 319
Cr.P.C. can be exercised?
AND
Q.III Whether the word "evidence" used in Section 319(1)
Cr.P.C ... till
`evidence' under Section 319 Cr.P.C. becomes available for
summoning an additional accused. ? Section 319 Cr.P.C.,
significantly, uses two expressions
Sessions Judge, Moga has invoked the powers
under Section 399 Cr.P.C. overlooking that Section 398 Cr.P.C. was a
specific clause dealing ... with an order under Section 203 Cr.P.C., hence, the
general and plenary power under Section 399 Cr.P.C
evidence" under
Section 319 CrPC becomes available for summoning an
additional accused.
117.2. Section 319 CrPC, significantly, uses two
expressions ... trial
inquiry. Inquiries under Sections 200 , 201 , 202 CrPC,
and under Section 398 CrPC are species of the inquiry
contemplated
evidence" under Section 319
CrPC becomes available for summoning an additional accused.
accused
117.2. Section 319 CrPC, significantly, uses ... trial
inquiry. Inquiries under Sections 200 , 201 , 202 CrPC, and under
Section 398 CrPC are species of the inquiry contemplated
order).
8. Section 397 read with Section 398 Cr.P.C. provide for the scope of
criminal revision as under:
"397. Calling for records ... provided under Section 399
read with Section 401 CrPC. It is clear from the aforesaid provisions that Section
398 has to be read
trial Court considered the statement of Laljiram recorded u/S 200 of
Cr.P.C. and the documents to conclude that the sale deed ... provided under Section 399
read with Section 401 CrPC. It is clear from the aforesaid provisions that Section
398 has to be read
criminal revision challenging the
dismissal of a complaint under Section 203 of CR.P.C., 1973 is being reproduced
through section 398 of Cr.P
The Deputy Commissioner And Special ... vs M/S S.V. Global Mill Limited on 9
Gulfisha Fatima vs State (Govt. Of Nct Of Delhi ) on 5 January, 2026
Author: Aravind
