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1998 CRI. L. J. 3112 ::1997 APLJ(Cri) 385
Andhra Pradesh High Court
Hon'ble Judge(s): B. S. Raikote , J

(A) Criminal P.C. (2 of 1974) , S.319— Power of Court to proceed against other persons appearing to be guilty of offence - Can be invoked by accused by filing application under S. 319. 1996 Cri LJ 1471 (Andh Pra) and (1996) 1 Andh Pra (Cri) 649, Disting.1982 Cri LJ 2040 (Delhi), Rel. on. (Para 8 9) (B) Criminal P.C. (2 of 1974) , S.319— Power of Court to proceed against other persons appearing to be guilty of offence - Scope - @page-CriLJ3113'Persons involved' - Could be persons who were already examined in case as witnesses. (Para 10) (C) Criminal P.C. (2 of 1974) , S.319— Additional accused - Impleadment - Offence of criminal breach of trust by Agricultural Officers by removing fertilizer bags from godown of Agricultural Department - Petitioners worked as watchman and NMR respectively in said godown - They deposed the matter before Court when they were cited as witnesses - Thus they were aware of commission of offence alleged - But they did not share mischief along with said officers and received no sale proceeds thereof - Order declining to issue process against them by invoking Section 319 - Proper. ....

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