Criminal Procedure Code, 1973
Section 319—Inherent powers—Exercise of—Power under Section 319 CrPC is a discretionary and extraordinary power which should be exercised sparingly and only in those cases where the circumstances of the case so warrant and crucial test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. [Hardeep Singh v. State of Punjab, 2014 (3) SCC 92, applied]
[Para 12]
Section 319—Summoning of additional accused—Order rejecting application by trial court set aside by High Court—Appeal—Incident based on circumstantial evidence—Evidence recorded during the course of prosecution, if remains unrebutted, will not be sufficient to lead the conviction so far as the present appellant is concerned—Impugned order passed by High Court is not sustainable in law and deserves to be set aside—Appeal allowed.
[Paras 13 & 15]
Decision : Appeal allowed