ISSUE:
What is the stage at which power under Section 319 Code of Criminal Procedure can be exercised?
Whether the word “evidence” used in Section 319(1) Code of Criminal Procedure could only mean evidence tested by cross-examination or the court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned?
Whether the word “evidence” used in Section 319(1) Code of Criminal Procedure has been used in a comprehensive sense and includes the evidence collected during investigation or the word “evidence” is limited to the evidence recorded during trial?
What is the nature of the satisfaction required to invoke the power under Section 319 Code of Criminal Procedure to arraign an accused? Whether the power under Section 319(1) Code of Criminal Procedure can be exercised only if the court is satisfied that the accused summoned will in all likelihood convicted?
Does the power under Section 319 Code of Criminal Procedure extend to persons not named in the FIR or named in the FIR but not charged or who have been discharged?
RULE:
The word “inquiry” in section 319 therefore doesn’t mean an inquiry related to investigation but is an inquiry after the case is brought to the notice of the court on the filing of the charge-sheet. The court can thereafter proceed to make inquiries and it is for this reason that an inquiry has been given to mean something other than the actual trial.