About 319 crpc
Anonymous
(Querist) 14 December 2016
This query is : Resolved
Sir first petition to summon accused was dismissed
But that one was premature as injured was not examined
Now injured has been examined & accused has been named by him
If i go to high court then my petition will be dismissed because this evidence was not there in dismissed application under 319
Wheather i can file 319 application second time by giving view that ist one was premature and now here is sufficientl evidence against accused after injured examination
As Hardeep Singh's judgement on 319 crpc says "at any stage" and there is no mentioning that 319 application cannot be filed second time in this judgement
Whats your view?
Can i file it second time in trial court by saying first one was premature? Or any other idea?
Rajendra K Goyal
(Expert) 14 December 2016
Full case file need to be referred.
Discuss in detail with local lawyer.
