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criminal case cc case DETAILED ANSWER REQUIRED


27-Oct-2026 (In Criminal Law)
clarify if after whether the proceedings in a private complaint warrant case, instituted otherwise than on a police report, remain at the stage of inquiry until charges are framed, and whether the power under Section 319(1) Cr.P.C. can be exercised during this pre-trial inquiry stage, before the commencement of trial..
Answers (1)

Answer #1
584 votes
In a private complaint warrant case instituted otherwise than on a police report, the proceedings may remain at the stage of inquiry until the charge is framed, depending upon the applicable procedure and the stage of the case. The power under Section 319(1) Cr.P.C. is ordinarily exercisable during an inquiry or trial when evidence indicates the involvement of a person not already arrayed as an accused. However, the precise stage at which this power can be exercised depends upon the statutory context and the nature of the proceedings. The distinction between pre-trial inquiry and trial is material, and the relevant provisions must be read along with the applicable judicial precedents.
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