Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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hisifybird (retd)     04 November 2010

Need Urgent Clarification

While a CLRP is pending in Sessions, I made an application for impleading another person, against whom I got papers under RTI act. But the application was turned down u/s 319 of CrPC, which states that a case against a new accused should start afresh only in a lower court. When the case went to sessions, the case in lower court was prayed for keeping it in abeyance.

Now, can I apply a fresh PCR without mentioning this case ?  Or to be clubbed with the case kept in abeyance at the lower court ? If so, then can the sessions case be kept in abeyance till the lower court's verdict ? What is the way out here ? Can some one kindly advise ?


 8 Replies

ajay jain (advocate)     04 November 2010

since your application gave new cause of action so it cannot be turned down on the ground of stay.

1 Like

hisifybird (retd)     04 November 2010

Sir, You mean to say, I should club it with the old case of lower court that was kept in abeyance ?

Arvind Singh Chauhan (advocate)     04 November 2010

In this aequence I would like to know from learned members- Whether Session court may take any step under Sec 319 Cr.P.C. Though word "court" is used in this section,but  power to take cognizance is only with the lower court.

What is the prosedure, if the new role and new accused comes out during evidence in session court and court wants to take cognizance against such person. 

1 Like

DEEPAK ASSOCIATES (08010117611)     04 November 2010

It is well settled law that if accused added u/s 319 CrPC, the proceeding will start afresh except bail given earlier to other accused.

There is only provision for higher court to send back the record to the lower court with its observation to add the person as additional accused u/s 319 and the case will start afresh. 

hisifybird (retd)     05 November 2010

Kapoor Sir,

Is there any section under which the Sessions court can send it to lower court ? Regards

hisifybird (retd)     05 November 2010

Kapor Sir,

Also kindly tell me, whether I can ask the sessions court to keep the existing case in abeyance, till the lower court disposes the newly impleaded person. Regards.

DEEPAK ASSOCIATES (08010117611)     05 November 2010

It is your duty to intimate the court regaring the person have been impleaded then the Session court's itself duty send the case back for fresh hearing as new case of all accused provided that the earlier accused's case have been finalized by the lower court otherwise no way in abeyance the case for this purpose.


DEEPAK ASSOCIATES (08010117611)     05 November 2010

There are so many authorities on this point

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