Application under section 319 of cr.pc

Querist : Anonymous (Querist) 22 December 2011 This query is : Resolved
Does anyone have the format/sample of the application to be made u/s 319 of Cr.PC ?

Please do share.

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adv. rajeev ( rajoo ) (Expert) 22 December 2011
Name of the court---
Complainant ----------
v/s
Accused ----------
APPLICATION US/ 319 OF CR.P.C.
In this the complainant begs to apply as under:
That one____ has committed an offence u/s___of IPC,but no chargesheet is filed against that person, but in the evidence it is very clear he has committed an offence, for which such person can be tried together with the accused. Hence he may be arrayed as an accused and summons may kindly be issued to the person..

I think it is the format

Devajyoti Barman (Expert) 23 December 2011
Yes it can be surely be used as a format, the author was looking for.
Even if you use some other wordings making your intention clear that would not make much difference.

Deepak Nair (Expert) 23 December 2011
The format provided by Adv.Rajeef is correct. You can change the language as per your convenience.
Brief explanation on the offence committed by such person shall be added.

Raj Kumar Makkad (Expert) 23 December 2011
It is very simple to draft though there is no desired draft.

.

You have to tel the reason in the application for summoning such person as an accused.

Shonee Kapoor (Expert) 23 December 2011
In certain HCs the application u/s 319 CrPC can be put after evidence is complete.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 07 January 2012
what if the main accused does not exist at all?

How will section 319 of Cr.PC will move after that ?

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