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10. The legislature was quite conscious while engrafting section 319 Cr.P.C. while employing the words "in the course of any inquiry into, or trial of, an offence, it appears from the evidence". The aforesaid words so employed under section 319 Cr.P.C. itself shows that degree of satisfaction has to be accorded by the Magistrate while exercising powers u/s 319 Cr.P.C.

11. Obviously, degree of satisfaction defers from case to case and according to the degree of satisfaction the test to be applied as one should be more than prima facie case at the stage of framing of charges. The Hon'ble Supreme Court in the case of Hardeep Singh (Supra) has observed as under:-

71. In Guriya @ Tabassum Tauquir & Ors. v. State of Bihar & Anr., AIR 2008 SC 95, this Court held that in exercise of the powers under Section 319 Cr.P.C., the court can add a new accused only on the basis of evidence adduced before it and not on the basis of materials available in the charge sheet or the case diary.

72. In Kishun Singh (Supra), this Court held :

"11. On a plain reading of sub-section (1) of Section 319 there can be no doubt that it must appear from the evidence tendered in the course of any inquiry or trial that any person not being the accused has committed any offence for which he could be tried together with the accused. This power (under Section 319(1)), it seems clear to us, can be exercised only if it so appears from the evidence at the trial and not otherwise. Therefore, this sub-section contemplates existence of some evidence appearing in the course of trial wherefrom the court can prima facie conclude that the person not arraigned before it is also involved in the commission of the crime for which he can be tried with those already named by the police. Even a person who has earlier been discharged would fall within the sweep of the power conferred by S. 319 of the Code. Therefore, stricto sensu, Section 319 of the Code cannot be invoked in a case like the present one where no evidence has been led at a trial wherefrom it can be said that the appellants appear to have been involved in the commission of the crime along with those already sent up for trial by the prosecution.

85. In view of the discussion made and the conclusion drawn hereinabove, the answer to the aforesaid question posed is that apart from evidence recorded during trial, any material that has been received by the court after cognizance is taken and before the trial commences, can be utilised only for corroboration and to support the evidence recorded by the court to invoke the power under Section 319 Cr.P.C. The ''evidence' is thus, limited to the evidence recorded during trial."

14. The proposition of law culled out by the Hon'ble Apex Court itself makes it clear that u/s 319 Cr.P.C. discretion has been bestowed upon the Magistrate to exercise the powers while looking into the facts and the circumstances of a particular case before it while according degree of satisfaction so imperative for invocation of the powers u/s 319 Cr.P.C. The Hon'ble Apex Court has repeatedly cautioned the Courts to exercise the powers under section 319 Cr.P.C. in such a manner that it does not permit an accused to walk away free on the strength of any lacuna attributed by the Investigating Officer. In nutshell, it can be very well said that once the Magistrate finds that there was sufficient material available on record before it to summon a person in the trial which is proposed to be undertaken then the powers u/s 319 Cr.P.C. are to be invoked.

25. A perusal of the judgment in the case of Ramesh Chandra Srivastava (Supra) itself reiterates the law laid down by the Hon'ble Apex Court in the case of Hardeep Singh (Supra). In the present case, the court finds there were sufficient materials available with the court below while exercising the powers u/s 319 Cr.P.C. Thus, this Court further finds that the court below was satisfied while passing the order under challenge that it was a fit case wherein provisions contained u/s 319 Cr.P.C. are to be invoked.