Hetram @ Babli vs State Of Rajasthan 2024 INSC 903 - S 319 CrPC

Code Of Criminal Procedure 1973- Section 319 -In a given case, if power under Section 319 is sought to be exercised before cross- examination of material witnesses, the Court cannot postpone the consideration of the prayer under Section 319 of the CRPC on the ground that the cross-examination of the witnesses is yet to be recorded- But if an application under Section 319 of the CRPC is made after the cross- examination of witnesses, it will be unjust to ignore the same. The power under Section 319 of the CRPC cannot be exercised when there is no case made out against the persons sought to be implicated. (Para 8-9)