Urgent help , 319 in 498a

without recording of statement prime witnesses and their cross examination , can judge summon someone whom police has given clean chit.

The principle of additional prosecution u/s 319 CrPC allows the judge to summon and arraign as accused other people who have not been previously made accused (your parents fall herein as they were made accused but discharged by the police itself - hence for purposes of trial they were never accused) on the satisfaction of following conditions :-

i) They can be jointly tried with the accused already on record; 

ii) ON EVIDENCE DURING TRIAL OR INQUIRY THE JUDGE BELIEVES THAT THEY ARE ALSO COMPLICIT IN THE OFFENCE. 

Now this is where her application would fall down - for the reason that their involvement has not come out on some evidence, the court won't act at her word for she has an axe to grind. The Court would act u/s 319 only in exceptional circumstances - and when a person's involvement as accused is clearly discernible, on objectively determinable material.

Feel free to talk !

THANKS BHARAT SIR,

IS THERE ANY JUDGEMENT , THAT WE CAN PRODUCE IN COURT AND SAVE OURSELVES.

OUR COUNSEL IS SAYING THAT HE CAN'Y ARGUE IN COURT FOR YOUR PARENTS AS THEY ARE NOT ACCUSED, PLZ SUGGEST SOMETHIG ON THAT ALSO

ALSO SHE (498A WIFE ) USING IT AS A DREADED TACTIS TO EXPLOIT AND EXTORT MONEY FROM US,.

In P&H the tendency is to entertain 319 application after the evidence is over in 498a cases.

However in Delhi and UP the same is entertained even before evidence has started.

Dear Sir, 

Same think happening in my case my Bhabi name was not there intially but, my wife father is now approaching DSP that why her name was not in 498a. Also wether her name will come in 498a aswell. 

What step we can take to prove that wrong or her name not come in case. Please advice.