Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused summoned u/s 319 Cr.P.C may be tried separately - If trial of other accused has concluded and it is not feasible to carry on joint trial of newly added accused with other accused persons who are already facing trial, separate trial of newly summoned accused is not barred under law...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Cogent and strong evidence on record regarding complicity of petitioner in the offence, which if remains unrebutted his conviction may be fully probable - Petitioner has been summoned prior to recording of conviction of charge sheeted accused persons - Accused summoned u/s 319 Cr.P.C may be..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - If an application u/s 319 Cr.P.C is made after cross-examination of witnesses, it will be unjust to ignore the same...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C cannot be exercised when there is no case made out against persons sought to be implicated...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. casts higher degree of evidence against person who is sought to be impleaded as an accused than what is available at the time of investigation...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C. cannot be exercised at a pre-trial stage, as to bring in another accused - There must be some evidence and for some evidence the trial must commence...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - To summon someone as an additional accused who has either been dropped from the charge sheet or never an accused at any point in time, requires evidence that is necessary for drawing up as an accused at the time of filing of charge sheet...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Manufacturing and storing of spurious liquor - Husband is already an accused - Wife cannot be made co-accused merely because wife was staying with husband, particularly when there is not even an allegation that wife had indulged in the activities of manufacturing and storing of spurious liquor..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complicity of any person sought to be arrayed as an accused can be decided with or without conducting cross-examination of complainant and other PWs, and there is no mandate to decide the application u/s 319 Cr.P.C before cross-examination of other witnesses...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - PWs repeatedly continued to either absent themselves or file adjournment applications and only insisted for deciding the application u/s 319 Cr.P.C first and only thereafter trial could proceed - Complainant has no such mandatory right to insist that an application be decided in such a manner -..........
