HARDEEP SINGH versus STATE OF PUNJAB & ORS.

HARDEEP SINGH versus STATE OF PUNJAB & ORS.

Conflicting decisions exist on whether cross-examination is required before exercising power under Section 319 Cr.P.C. and the appropriate test/guidelines; these questions require consideration by a larger Bench as current judgments either substantially curtail or expand the court's discretionary power under Section 319(1).

Parties
Appellant: Hardeep Singh; Respondent: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
07 November 2008
Procedural Posture
Criminal Appeal / Referred Questions to Larger Bench
Outcome
Referral to larger Bench; appeal dismissed
Legal Topics
Section 319 Cr.p.c., Addition of Accused, Power of Court to Summon Additional Accused, Cross Examination and Evidence, Final Report Under Section 173 Cr.p.c.
Criminal Law Criminal Procedure Section 319 Cr.p.c. Addition of Accused Power of Court to Summon Additional Accused Cross Examination and Evidence Final Report Under Section 173 Cr.p.c.

Case Brief

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Parties

Hardeep Singh

Appellant

State of Punjab & Ors.

Respondent

Procedural Posture

Criminal Appeal / Referred Questions to Larger Bench

Legal Issues

  1. 1 When should the power under Section 319 Cr.P.C. be exercised?
  2. 2 Is an application under Section 319 Cr.P.C. maintainable before cross-examination of witness is complete?
  3. 3 What are the test and guidelines for exercising power under Section 319 Cr.P.C.?

Ratio Decidendi

Conflicting decisions exist on whether cross-examination is required before exercising power under Section 319 Cr.P.C. and the appropriate test/guidelines; these questions require consideration by a larger Bench as current judgments either substantially curtail or expand the court's discretionary power under Section 319(1).

Court Disposition

Referral to larger Bench; appeal dismissed

Orders

  • Registry directed to place matter before Hon'ble Chief Justice of India for appropriate action
  • Two questions regarding Section 319 Cr.P.C. referred for consideration by three Judges