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2017 (3) TMI 1883 - HC - Indian LawsPower to proceed against other persons appearing to be guilty of offence - Summon of complainant as an accused person - deposition of the defence witnesses before the trial Court during trial when the basic ingredients of Section 319 Cr. P.C. is that such a proposed accused is required to be tried together with the accused already on trial - Section 319 of Code of Criminal Procedure, 1973 - HELD THAT:- It is clear from the reading of Section 319 that the person sought to be summoned under Section 319 Cr. P.C. should be the person who could be tried along with already arraigned accused. Looking at the back at the case at hand, the petitioner- Ravinder Singh who is the complainant, it is absolutely clear that he cannot be tried along with already arraigned accused. The case could not fall within the parameters of Section 319 Cr. P.C. Petition allowed.
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