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Anand (CEO)     28 September 2015

Who are the parties in the title for cr.p.c. 319 applicat

I want to file an application under Section 319 Cr.P.C. to ask the Court to proceed against some person. What should the title be?    Name-of-applicant vs. State  OR  name-of-applicant vs. Name-of-person-to-be-summoned? or something different alltogether?



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 6 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     29 September 2015

The title of the application will be the same under which the investigations has been held and evidences have been produced and there is a proper prima facia Primary and secondry eveidences against any other person other than the accused in the present case to prove him guilty of doing such criminal offence.  The case will proceed against the such person after the court took cognizance of the offence upon which the inquiry or trial was commenced. This cognizance of offence can be taken against any person whether he is attending the court on arrest or summons or not at all attending the court. There is no restriction, court can issue fresh summons to the person so believed to be accused after taking cognizance by the court.

In the application under 319 Cr PC the title of the case will be the same under which the case findings it has been found that there is one an other accused of the case either independent or co accused.

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Anand (CEO)     29 September 2015

Adv. Bali, Thank you sir.  You seem to be very knowledgeable in this area. I have a more specific question. I had to file a anticipatory bail in a family matter and now during the bail hearing it was clear that the FIR filed was false. So, my question is, can I not ask the judge to proceed against the complainant for filing a false FIR. THere are judgments which talk about "inquiry," and "evidence" under 319 Cr.P.C. It is not clear to me if I can do this in a bail application?  I was encouraged by a news article in https://indianexpress.com/article/cities/delhi/court-orders-fir-against-those-who-filed-false-rape-case-man-gets-bail-after-3-weeks-in-jail/  which appears to be a similar case. I am not accused of raping but for assault in a family dispute.  Is Section 319 Cr.P.C. the right section to approach the Judge or is there some other section that is applicable. Under what powers could the Session court in the above news article order the FIR? Thanks a LOT!!! 

Anand Bali Adv. (Advocate Solicitor & Consultant)     29 September 2015

Granting of Bail is never considered to be the final Order Or Judgement against an assault or rape case. Grant of Bail depends at all on the other grounds and circumstances and you also can not move an application under 319 to the court granting you a bail.

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Anand Bali Adv. (Advocate Solicitor & Consultant)     29 September 2015

Granting of Bail is never considered to be the final Order Or Judgement against an assault or rape case. Grant of Bail depends at all on the other grounds and circumstances and you also can not move an application under 319 to the court granting you a bail.

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Anand (CEO)     29 September 2015

Thanks again. Very enlightening reply. What if the allegations against the complainant is not only the filing of false complaint but also new evidence suggesting that the complaint himself/herself is guilty of some crimes. For example, if the evidence shows that the complainant was assualting the accuser. I am referring to CCTV video recording in my case. So, can I move an application under Cr.P.C. 319 to the Court granting a bail for other crimes, evidence of which is given, in support of the bail application.  The language of Cr.P.C. 319 uses the word "court" and "inquiry" in a general sense and not just trial. I agree that it may be premature to file a false FIR allegation until a final order comes forth. But what about other crimes of which evidence is presented during bail hearing?

T. Kalaiselvan, Advocate (Advocate)     05 October 2015

Bail application cannot be moved under section 319 cr,p,c,  the provisions of this law is:

Section 319 Cr.P.C..Power to proceed against other persons appearing to be guilty of offence.-

(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.

(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.

(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.

 

The matter about teh CCTV recording can be taken up for discussion during trial of the case and not during the bail hearing. 

If other offences are referred during bail hearing, the relevancy of them are to be notified to the court for establishing the facts. 

 

 


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