The judgement passed by Hon'ble Supreme Court in Hardeep

Solution

In Hardeep Singh vs. State of Punjab (2014) 3 SCC 92 the Hon'ble Supreme Court held that the power to issue summons under section 319 Cr.P.C. vests with the magistrate at the stage when the trial begins i.e. at the stage when charge sheet u/s 173(2) of Cr.P.C. is filed before the trial court after which the court take cognizance and frame charges. Hon'ble Supreme Court in Hardeep Singh vs. State of Punjab (Supra) held that power under Section 319 CrPC can be exercised at the stage of completion of examination-in-chief and the court does not need to wait till the said evidence is tested on cross-examination for it is the satisfaction of the court which can be gathered from the reasons recorded by the court, in respect of complicity of some other person(s), not facing the trial in the offence.