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Mastan   09 October 2019

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.



Learning

 16 Replies

TGK REDDI   09 October 2019

No, they can't.

Mastan   10 October 2019

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

Mastan   10 October 2019

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.

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

Dear Learned members, please enlighen on this

TGK REDDI   10 October 2019

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.

Mastan   10 October 2019

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 

TGK REDDI   11 October 2019

Janab Mastan

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

Altamus   13 October 2019

Reddi sir what's your point on accused can file 319 application or not?

TGK REDDI   13 October 2019

No. Nobody can. It's exclusively court's prerogative.

Mastan   13 October 2019

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. 

Mastan   15 October 2019

Tgkreddi sir, are you an advocate? got a doubt as you are not even agreeing that accused can file petitions even when i shown you the previous examples and judgments...quite interesting perception you have.

TGK REDDI   15 October 2019

Janab Mastan Aadaab. In your previous reply you told about Application under Sec 311 Cr. P. C. I presumed it was typing error. Dear Sir I'm not an Advocate. My legal life is 35 years old. I presented my Written Arguments in about 10 sorts of Courts including High Court of Andhra Pradesh and the Supreme Court. They're treated as monuments and are read in varous countries by BBC World Service, President Musharraf, to name only a few. Winning cases is not a touchstone of wisdom. Where ignorance is bliss, 'tis folly to be wise. Nevertheless I defeated many Advocates and my legal knowledge was praised by many judges. A high court judge was so impressed that he told me to turn around show my face to the advocates in the Court Hall. Now to your doubt. I have nothing to add to my above reply dated the10th. If you're not convinced, you're unable to convince me too. So let's agree to disagree. I'm not, however, saying you're wrong.

TGK REDDI   15 October 2019

Janab Mastan Aadaab. In your previous reply you told about Application under Sec 311 Cr. P. C. I presumed it was typing error. Dear Sir I'm not an Advocate. My legal life is 35 years old. I presented my Written Arguments in about 10 sorts of Courts including High Court of Andhra Pradesh and the Supreme Court. They're treated as monuments and are read in varous countries by BBC World Service, President Musharraf, to name only a few. Winning cases is not a touchstone of wisdom. Where ignorance is bliss, 'tis folly to be wise. Nevertheless I defeated many Advocates and my legal knowledge was praised by many judges. A high court judge was so impressed that he told me to turn around show my face to the advocates in the Court Hall. Now to your doubt. I have nothing to add to my above reply dated the10th. If you're not convinced, you're unable to convince me too. So let's agree to disagree. I'm not, however, saying you're wrong.

Mastan   16 October 2019

Its very nice to know about your great work reddi sir. still my age is not equal to your legal life of 35 years. Its so great of you. Its difference of era & generation gap it seems. till recently the pronouncements like LORDSHIP, ME LORD prevailed but now the young lot just call them Sir, Hon'ble Sir only to negate the slavery left by british rule. And in the previous era, not much need arised to test all provisions of Crpc as rogue elements in police got less in number. But to now to fight out the cases put up by corrupt police , one has to exercise all sorts of ways and in diffrent approaches. You are of KAPIL DEV era of Classic and we are of VIRAT KOHLI era of dare & dashing. 

                 There was no typing error in earlier message. Application U/sec 311 crpc by accused got taken on file by magistrate. Well I'm in preparation of filing 190crpc application by accused too in another case. Exploring the paths of law in search of justice. no prejudice

 

TGK REDDI   16 October 2019

Shri Mastan

Dear Sir

Thank you for your previous post.

You say it was no typing error.

I then have to say whatever is applicable Section 311 Cr. P. C. is not applicable to Section 319 of Cr. P. C.

 


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