Criminal Procedure Code, 1973—Section 319—Whether Court has power to summon under Section 319 where opportunity to the complainant to file a protest petition has gone—Held, yes—Even in a case where the stage of giving opportunity to the complainant to file a protest petition urging upon the trial Court to summon other persons as well who were named in the FIR but not implicated in the chargesheet has gone, in that case also, the Court is still not powerless by virtue of Section 319 of the CrPC and even those persons named in the FIR but not implicated in the chargesheet can be summoned to face the trial provided during the trial some evidence surfaces against the proposed accused.
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