24, Jan 2012

The application to b e filed by witnesses in the Naroda Patiya case,
under Section 319 of the Code of Criminal Procedure, praying that the
Court arraign Four Persons –Policemen and SRP personnel as Accused –KK
Mysorewala, Parikh, Dhantaniya and Gohil. copy in Gujarati of the
Application being filed today.

The Code of Criminal
Procedure, 1973 (CrPc)

 Section 319.
Power to proceed against other persons appearing to be guilty of offen

(1) Where, in the
course of any inquiry into, or trial of, an offence, it appears from
the evidence that any person not being the accused has committed any
offence for which Such person could be tried together with the
accused, the court may proceed against such person for the offence
which he appears to have committed.

(2) Where such person
is not attending the court he may be arrested or Summoned, as the
circumstances of’ the case may require, for the purpose aforesaid.

(3) Any person
attending the court although not trader arrest or upon a summon, may
be detained by such court for the purpose of the inquiry into, or
trial of, the offence which he appears to have committed.

(4) Where the court
proceeds against any person under subsection (1) then-

(a) The proceedings
in respect of such person shall be commenced afresh, and witnesses
re-heard.

(b) Subject to the
provisions of clause (a), the case may proceed as if such person had
been an accused person when the court took cognizance of the offence
upon which the inquiry or trial was commenced.

Gujarati Application Copy