Supreme Court · 2008 INSC 1271 · Decided 7 November 2008
Hardeep Singh v. State of Punjab & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1271 · [2008] 15 S.C.R. 735
- Case number
- CRIMINAL APPEAL No. 1750/2008
- Decided
- 7 November 2008
- Bench
- C.K. THAKKER, D.K. JAIN (2-judge bench)
- Outcome
- Matter referred to larger bench
- Case type
- Criminal
- Acts & sections cited
- IPC Section 1208, 148, 149; CrPC Section 319; Arms Act Section 25, 27, 54, 59, 49
Headnote
Code of Criminal Procedure, 1973: s. 319 - Power under - Scope of - Application under, c whether maintainable barely on the basis of examination-in- chief of the witness or aftar cross-examination of the witness ,, - Conflicting decisions on the point by coordinate Benches of Supreme Court - opinion of the Court substantially curtailing discretionary 'D poweruls. 319 (1)-Hence, the questions as to (i) when should the power uls. 319 be exercised and (ii) what are the test and guidelines for exercising the power uls. 319 referred to larger Bench of Supreme Court for consideration. s.
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