319: Hardeep Singh Followed

On 29th Jan 2020, the Hon’ble Apex Court, while dealing with Criminal Appeal No. 88 of 2021 titled Ajay Kumar @Bittu & Anr. Vs. State of Uttarakhand & Anr., has held that, The principles for exercise of power under Section 319 Cr.P.C. by Criminal Court are well settled. The Constitution Bench of this Court in Hardeep Singh versus State of Punjab and others, (2014) 3 SCC 92, has elaborately considered all contours of Section 319 Cr.P.C. This Court has held that Power under Section 319 Cr.P.C. is a discretionary and extra-ordinary power which has to be exercised sparingly. This Court further held that the 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