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in a cc case 319 crpc detailed answer required interested only answer


07-Mar-2026 (In Criminal Law)
In a petition filed under Section 319 CrPC ( for proposed accused ), no counter has been filed by the opposite side ( existing accused ), and the matter has been posted for arguments on the petitioner’s side.In such circumstances, with petitioner side argument done means petitioner argument orally is over and opposite side argument without counter or without evidence can defeat or dismiss 319 crpc means can the magistrate dismiss 319 crpc based only on defence (existing accused ) argument ...
Answers (3)

Answer #1
964 votes
From an advocate’s perspective, Section 319 is used when: The investigating officer intentionally left out some accused. New facts emerge during witness testimony. The complainant wants to bring real offenders before the court. However, the defence advocate may oppose it by arguing: Evidence is weak or contradictory. Application is filed only to harass or delay the trial.
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRato Mumbai | 200+ Answers
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Answer #2
742 votes
A Magistrate may dismiss a petition under Section 319 of the Code of Criminal Procedure even if the existing accused have filed no counter, but the dismissal must be based on the evidence on record and legal standard laid down in Hardeep Singh v. State of Punjab (2014), not merely on defence arguments.
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Advocate Tushar Tanaji Gaikwad

Adv. Tushar Tanaji Gaikwad

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Answer #3
923 votes
Yes a magistrate can dismiss the petition if he is not satisfied by the arguments of the petitioner in the first place, irrespective of the defence of the existing accused according to the law the case of the petition has to be proved by the petitioner beyond any unreasonable doubt now on the basis of that if the magistrate has no doubt that the petition should be allowed it will get allowed
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Advocate Moksh Jain

Adv. Moksh Jain

LawRatoMumbai | 100+ Answers
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