Judgment :-

1. A two-Judge Bench (Hardeep Singh v. State of Punjab, (2009) 16 SCC 785 : (2010) 2 SCC(Cri) 355) of this Court has referred the following questions of law for consideration by a three-Judge Bench: (SCC p. 803, para 75).

(1) When the power under sub-section (1) of Section 319 of the Code of Criminal Procedure, 1973 of addition of the accused can be exercised by a court? Whether application under Section 319 of the Code is not maintainable unless the cross-examination of the witness is complete?

(2) What is the test and what are the guidelines of exercising power under sub-section (1) of Section 319 of the Code? Whether such power can be exercised only if the court is satisfied that the accused summoned in all likelihood would be convicted?

(emphasis in original)

2. We have heard the learned counsel appearing on behalf of the parties and perused the various judgments cited by them.

3. A three-Judge Bench of this Court in Dharam Pal v. State of Haryana (2004) 13 SCC 9 : (2006) 1 SCC (cri) 273), doubted the correctness of the interpretation reached in Ranjit Singh v. State of Punjab (1998) 7 SCC 149) : 1998 SCC (Cri) 1554) and referred the matter to a larger Bench. In that case