Section 319 crpc

Satish Kumar (Querist) 18 August 2011 This query is : Resolved
Please share any citation -If 2nd application under section 319 is maintainable as ist application was withdrawn by opposing lawyer citing the reason of clerical mistake.
Can 2nd application is maintainable.

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Jainodin shaikh (Expert) 18 August 2011
in your case, 1st application is NOT DECIDED ON MERIT hence 2nd application is maintainable.
Basic requiement is that it should be appear in the course of trial that some other person who is not implicated as 'accused' has also committed the offence for which that trial is going on!

Advocate Rajkumarlaxman (Expert) 19 August 2011
I agree with our expert

Advocate. Arunagiri (Expert) 19 August 2011
As petition was not dismissed on merits, you can represent the same.

Rajarshi Bhowmik (Expert) 19 August 2011
I compliantly agree with the opinions with the EXPERTS. In your case second application is maintainable as the 1st one was not disposed on merits so the doctrine of ESTOPPEL will not be on in effects to reject your petition. For further details please visit to www.rajarshibhowmik.webs.com.

james (Expert) 19 August 2011
There is no legal bar to file a second application. If majority of witnesses are already examined,the courts may reluctant to allow such application

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