Reply To: Naveen Vs. State of Haryana & Ors-(01/11/2022)

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Section 319 CrPC-APPLICATION

Hardeep Singh v. State of Punjab and others (2014) 3 SCC 92) and paras 105 and 106 which are relevant for the purpose are reproduced hereunder:”105. Power under Section 319 CrPC is a discretionary and an extraordinary power. It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant. It is not to be exercised because the Magistrate or the Sessions Judge is of the opinion that some other person may also be guilty of committing that offence. Only where strong and cogent evidence occurs against a person from the evidence led before the court that such power should be exercised and not in a casual and cavalier manner.

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