AI Overview...
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Section 319 CrPC Application Rejection - Multiple sources highlight that applications under Section 319 of the Criminal Procedure Code (CrPC) to summon additional accused are often rejected by trial courts due to lack of sufficient evidence or procedural issues. For instance, sources Jagdish VS State of Rajasthan - Rajasthan, Raghuveer Sharan VS District Sahakari Krishi Gramin Vikas Bank District Datia - Madhya Pradesh, and Baby Tabassum VS State of U. P. - Allahabad discuss cases where such applications were dismissed, and subsequent revisions were filed against these orders. The courts generally scrutinize whether the evidence justifies summoning additional accused before allowing such applications Jagdish VS State of Rajasthan - Rajasthan, Baby Tabassum VS State of U. P. - Allahabad.
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Revisions Under Sections 397 and 319 CrPC - Revisions under Sections 397 and 319 CrPC are frequently filed against rejection orders. The courts examine the legality and merit of the rejection, and whether the application was maintainable. For example, in Jai Kishan Khandelwal VS State of Rajasthan - Rajasthan, the court upheld the order rejecting the application under Section 319, citing that second revision was barred by Section 397(3). Similarly, in Ponnusamy VS State - Crimes, the revision was dismissed, emphasizing the importance of proper invocation of powers under Section 319.
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Legal Principles and Court Powers - Courts have inherent powers under Section 482 CrPC to interfere in criminal cases, but these are exercised cautiously, especially regarding applications under Section 319. The courts require cogent evidence to justify summoning additional accused Kamal Kumar Kothari VS State Of Tripura - Tripura. The power to add accused is not absolute and depends on the evidence presented during trial.
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Procedural and Jurisdictional Aspects - Several sources note that procedural compliance is critical. Rejections are often upheld if the application lacks sufficient evidence or is filed at an inappropriate stage. The courts also emphasize that once a revision is dismissed or barred by law (e.g., Section 397(3)), subsequent revisions are not maintainable Jai Kishan Khandelwal VS State of Rajasthan - Rajasthan.
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Implications for Practice - The consistent theme is that applications under Section 319 CrPC require strong, reliable evidence to succeed. Rejections are common when courts find the evidence insufficient or procedural flaws. Revisions serve as a legal remedy but are subject to legal limitations and procedural bar, making their success difficult without substantive grounds.
References: - Jagdish VS State of Rajasthan - Rajasthan, Kamal Kumar Kothari VS State Of Tripura - Tripura, Raghuveer Sharan VS District Sahakari Krishi Gramin Vikas Bank District Datia - Madhya Pradesh, JANARDAN SINGH VS STATE OF U. P. - Allahabad, Jitendra Singh VS State of Rajasthan - Rajasthan, Surjeet Kumar Jain S/o Shri Satish Kumar Jain VS State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda Bilaspur - Chhattisgarh, Jai Kishan Khandelwal VS State of Rajasthan - Rajasthan, Baby Tabassum VS State of U. P. - Allahabad, Ponnusamy VS State - Crimes, STATE OF GUJARAT VS BABUBHAI SHANKARBHAI SOLANKI - Gujarat
Search Results for "Crpc 319 Application Rejecte Revision Crpc 397"
2006 0 Supreme(Raj) 1848 • India - Rajasthan
HARBANS LAL
319 - Criminal Revision Petition against rejection of application under Section 319, CrPC - Relevant Acts and Sections: Sections ... The trial court declined the application, leading to the revision petition. ... application under Section 319, CrPC. ... Accordingly, the application filed under Section 319, CrPC was rejected. Hence, this #HL_STA....
• India - Tripura
ARINDAM LODH
CRIMINAL REVISION - SECTION 482 CRPC - INHERENT POWER OF THE COURT - FRAMING OF CHARGES - MAINTAINABILITY OF THE PETITION - APPLICABILITY ... Whether the earlier application filed by the petitioners under Section 482 CrPC was a bar to the subsequent application? 2. ... * The application under Section 482 CrPC was maintainable even after dismissal of a revisional application by the Court of Sessions ... Ordinarily, when a revision h....
2023 0 Supreme(MP) 721 • India - Madhya Pradesh
SANJAY DWIVEDI
Section 319 - Criminal Revision - 397/401 of CrP.C - 132 of Indian Evidence Act, 1872 - Sections 420, 467, 468, 471 of IPC - 319 ... of CrPC Fact of the Case: The court considered an application under Section 319 of CrPC to include additional accused ... Section 319 of CrPC. ... The criminal revision being sans substance, is hereby dismissed. ... This criminal revision has been....
2006 0 Supreme(All) 3153 • India - Allahabad
VINOD PRASAD
Criminal Procedure Code, 1973—Sections 397 and 319—Revision—Prosecution moved application under Section 319 of CrPC—Whose name comes ... desirable in trial—As there was cogent and reliable evidence against him—Matter remanded .back to trial Court to consider said application ... to light during examination•in•Chief in trial—Rejected by trial Court—Legality of—Person sought to be summoned to face trial—Was
2009 0 Supreme(Raj) 2062 • India - Rajasthan
RAGHUVENDRA S.RATHORE
319, 397 and 401 – Indian Criminal Procedure Code, 1973 – S. ... CrPC – Additional accused has to be summoned and tried. ... - This revision petition has been filed by the complainant-petitioner against the order dated 08.04.2009, whereby an application under Section 319 Cr.P.C. had been rejected. ... 2. ... The learned trial court, by its impugned order dated 08.04.2009, had dismissed the application. Hence, this....
2021 0 Supreme(Chh) 148 • India - Chhattisgarh
NARENDRA KUMAR VYAS
application filed by petitioner under Section 70(2) Cr.P.C. for cancellation of warrant and right of liberty of petitioner-accused ... Constitution of India,1950 - Article 21 – Criminal Procedure Code,1973 - Section 70(2) and 397(2) - Warrant ... through his counsel under Section 70(2) of Cr.P.C. for cancellation of arrest warrant - Judicial Magistrate has already rejected ... Admittedly, in the instant case, before the trial court the complainant’s application under ....
2011 0 Supreme(Raj) 1640 • India - Rajasthan
M.N.BHANDARI
482 – The court upheld the order of taking cognizance and rejected the maintainability of second revision ... Criminal Procedure Code, 1973 – S. ... The Sessions Judge had dismissed the said application on 14th May, 1979. Section 397 (3) bars a second revision application by the same party. ... The protest petition was rejected in the aforesaid case some time in the year 2001 and, accordingly, substance were read over to the accused for offence under....
2023 0 Supreme(All) 2455 • India - Allahabad
RAM MANOHAR NARAYAN MISHRA
(A) Code of Criminal Procedure, 1973 - Section 319 - Application for summoning additional accused persons - Application dismissed ... ... ... Issues: The main issues were whether the trial court erred in rejecting the application under Section 319 Cr.P.C. and determining ... ... ... Result: Revision allowed; impugned order set aside and remanded for fresh consideration. ... Learned court below has rejected application#....
• India - Crimes
N.ARUMUGHAM
(Paras 10 & 15) ... Result: Revision dismissed. ... Criminal Procedure Code, 1973 - Section 319 - Power of Court to add any person as accused - Requirement to invoke power is availability ... . - The present revision filed under Secs. 397 and 401 of the Code of Criminal Procedure is directed against the order passed by the learned Additional Sessions Judge, Erode, in Crl. M.P. ... to be maintained herein, and thirdly, that the present revision is not maintainable in l....
2008 0 Supreme(Guj) 460 • India - Gujarat
D.H.WAGHELA
Criminal Procedure Code, 1973 - Sections 319 and 397 - State has preferred this revision application under ... for excise of powers under section 319 of Cr.P.C., that person is not even joined as a party in the present revision application ... , that person was not joined as accused person and the application of the State under section 319 of Cr.P.C. was rejected#HL_END....
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