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criminal case cc case magistrate court


21-Mar-2026 (In Criminal Law)
Sir, since arguments were already heard along with additional submissions, and Crl.M.P. has been numbered and posted for counter, I wished to kindly clarify whether orders can be passed if the opposite side does not file a counter. They had mentioned on 13 November 2025 that the counter would be filed. I respectfully submit that C.C. case has been pending for several years, and the present Crl.M.P. is under Section 319 Cr.P.C. I wanted to know detailed answer for this.
Answers (3)

Answer #1
854 votes
​Courts Discretion The primary requirement for Section is that it appears from the evidence that a person not being the accused has committed an offence. The courts decision relies heavily on the evidence recorded during the trial, rather than just the pleadings in a counter. ​Delay Factor Since your C.C. case has been pending for several years, you can move a memo or make an oral submission to the Magistrate Judge highlighting the delay. Under the BNSS which has replaced Cr.P.C. and existing judicial guidelines, courts are encouraged to dispose of interlocutory applications promptly to avoid trial in trial delays.
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Advocate Kishan Dutt Kalaskar

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Answer #2
768 votes
Section 319 Cr.P.C. Specifics Extraordinary Power: Section 319 is an extraordinary power used to summon persons not originally named as accused if evidence during the trial suggests their involvement. Stage of Application: This power must be exercised before the conclusion of the trial (before the final judgment is pronounced). Stricter Evidence: To summon someone under this section, the court requires a degree of satisfaction higher than a mere prima facie case; the evidence must be strong and cogent.
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Advocate Dhruv. K

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Answer #3
933 votes
The process is always always dictated by court. A court has to come to its own conclusion that it has given an opposite party or whichever party, sufficient time to respond and reply. So even if the other side says they would file a counter. The court cannot pass orders without their counter even if it wishes to because they can very easily take it to high court and say look I was not given enough of an opportunity and so please send it back so I can have one more chance. That’s why the court is taking time because it’s better than having the process stalled for longer if someone is going to challenge its order before high court on the ground that they weren’t able to file a counter.
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Advocate Dhanush Menon

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