Can accused file 319 crpc application


Dear learned members,

    Would like to know 

1) Can accused  file crpc 319 application on basis of new findings in cross examination of PWs to add/summon new accused (the accusations on new accused will benefit the original accused to prove his innocency)

2) Can accused file Crpc 311 application application to summon new accused by submitting material evidence like documents, audio video recordings etc.,

3) Can accused file Crpc 216 application to add a charge on a new accused before framing of charges (consideration of charges) by committal court by showing(pointing out) evidence in case diary(161 statements by PW) whereas such evidence(statements) deliberately omitted in chargesheet by IO.

4) Can accused file Crpc 190(1)(b) application to add a charge on new accused based on the report already submitted by IO as the IO intentionally omitted "certain statements" from 161 of LWs in the Chargesheet.

Dear learned members please enlighten on this issue. Here the intention is if the NEW ACCUSED entered into case then proving innocency of the accused would be easy.

 
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No, they can't.

 
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As mentioned in paragraph number 27 of the judgement by Hon’ble Supreme Court of India in the case of Mohanlal Shamji Soni v. Union of India & Another {AIR 1991 SC 1346} that,
The principle of law that emerges from the views expressed by this Court in the above decisions is that the Criminal Court has ample power to summon any person as a witness or recall and re-examine any such person even if the evidence on both sides is closed and the jurisdiction of the court must obviously be dictated by exigency of the situation, and fair-play and good sense appear to be the only safe guides and that only the requirements of justice command and examination of any person which would depend on the facts and circumstances of each case.

Furthermore, if the trial Court fails to exercise the power and jurisdiction vested under Section 311 of the Cr.P.C., the aggrieved party (prosecution/defence) can file a criminal revision application or writ of certiorari before the High Court seeking appropriate relief.

 

For CRPC 311 , the above things can be read

 
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During trial, an application was made by respondent No.2 under Section 190 of the Cr.P.C. for taking cognizance against the Petitioner as his name was also mentioned as one of the co-accused in the audit report as well as the report lodged by Branch Manager of the Samiti, Gharghoda. The said application was, however, rejected by the trial Court vide its order dated 09.10.2002 observing, inter alia, that no materials are available on record so as to hold the Petitioner's involvement and observed further that a proceeding would be initiated against him under Section 319 of the Cr.P.C. if his involvement is found through prosecution witnesses. The said order is affirmed further by the Revisional Court vide its order dated 27.02.2003 in a Criminal Revision No.288/02 preferred by respondent No.2.

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1283 of 2016 Reserved on 19.07.2019 Pronounced on 31.07.2019

Sir, thats the judgment where an Accused No.1 tried crpc 190 petition first to array other person as co accused. then the court asks him to wait till his involvment found in prosecution witness. And after prosecution witness 

   the accused filed crpc 319 application to array other person as co accused and sessions court allowed it. And then the NEW ACCUSED approached high court to dismiss the order but high court upheld the order of sessions court.

http://highcourt.cg.gov.in/Afr/courtJudgementandAFR/2019/july/CRMP1283_16(31.07.19).pdf

Dear Learned members, please enlighen on this

 
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Sec 319 (1) says: WHERE IT APPEARS FROM THE EVIDENCE.

Appears to whom?    Understandably to the Court.

The Sec doesn't say: WHERE IT APPEARS FROM THE EVIDENCE OR UPON AN APPLICATION.

All my answers are open to criticism or condemnation.     But don't insult me if my answers or comments are proved to be foolish.

Even foolish answers benefit lawyersclubindia but silence can't be appreciated.

 
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TGK Reddi sir, Lot of respects to you. there is no question of insulting. you always welcome to answer my queries. i'm a learner and trying to defend my clients 

 
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Janab Mastan

I beg your pardon.    My comment was not aimed at you.

 
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Reddi sir what's your point on accused can file 319 application or not?
 
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No. Nobody can. It's exclusively court's prerogative.
 
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https://indiankanoon.org/doc/93395114/

I beg to differ Reddi sir. Here from client(accused) side filed crpc 311 petition , the petition taken on file and next date given in Nov. i will update the result of it here. 

 
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