cc case 319 crpc detailed answer required interested answer

690 votes

Once arguments are heard and sufficient opportunity has been given, the court can proceed even if no counter is filed. In a Section 319 Cr.P.C. application, delay by the opposite side does not bar the court from passing orders on merits. For case-specific guidance, kindly DM me.

Advocate Raziya LawRato

500 votes

Merely because the opposite side has not filed a counter does not bar the Court from passing orders. There is no mandatory requirement under the Cr.P.C. that a counter must be filed before deciding such an application. If sufficient opportunity has already been granted and the opposite party fails to file a counter, the Court can proceed on the basis of available material and arguments. In fact, prolonged pendency of the main C.C. case is a relevant factor, and the Court is expected to avoid unnecessary delays. If arguments have already been heard and additional submissions are on record, the Court is competent to decide the Cr.M.P. on merits. However, as a matter of natural justice, Courts generally grant reasonable opportunity to the opposite side. If despite such opportunity, no counter is filed, the Court may either: Close the right to file counter, or Proceed to decide the application based on evidence already available. Therefore, in your case, if adequate opportunity has been given and the matter is pending for long, the Court can certainly pass orders even in absence of a counter, especially considering the object of Section 319 Cr.P.C. and the need to ensure expeditious trial.

Advocate Madhvi Chopra LawRato

731 votes

The Court can always proceed with deciding the application under section 319 crpc with having a counter on record after according sufficient opportunities to the opposite side. Should you have any queries please feel free to contact me.

Advocate Kunal Seth LawRato

829 votes

In proceedings under Code of Criminal Procedure, 1973, particularly an application under Section 319 CrPC, the primary consideration for the court is whether there is sufficient evidence on record to summon an additional accused. The provision is evidence-driven and does not depend on the filing of a counter by the opposite party. If arguments have already been heard and additional submissions are on record, the matter is effectively reserved or ripe for orders. The failure of the opposite side to file a counter, despite opportunity, is generally treated as a waiver of their right to respond. Courts do not keep matters pending indefinitely merely because a party has not filed a counter, especially in long-pending criminal cases. In fact, the Supreme Court has repeatedly emphasized that Section 319 CrPC powers are to be exercised based on the evidence that emerges during trial, and delay in proceedings is to be avoided. Therefore, if sufficient material exists from the deposition of witnesses already examined, the court can proceed to decide the Cr.M.P. on merits. In your case, since: arguments have been heard, the matter is already posted for counter, and the case itself is pending for several years, the court can either: close the right of the opposite party to file a counter, and proceed to pass orders on the basis of available material. Practically, you may request the court to record that sufficient opportunities have been granted and seek closure of the right to file a counter, followed by pronouncement of orders. Thus, non-filing of a counter does not prevent the court from deciding the application, and the court can lawfully proceed to pass orders based on the evidence and submissions already on record.

Advocate Yuganshu Sharma LawRato

618 votes

If the Judge has not reserved the matter for orders and if as per the order sheet, time for counter is granted. He may consider giving the time but if not filed till next date, you may oppose and pray for passing orders.

Advocate Priyank Upadhyay LawRato