JUDGMENT

Dr. B.S. Chauhan, J.

1. This reference before us arises out of a variety of views having been expressed by this Court and several High Courts of the country on the scope and extent of the powers of the courts under the criminal justice system to arraign any person as an accused during the course of inquiry or trial as contemplated under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the `Cr.P.C.’).

2. The initial reference was made by a two-Judge Bench vide order dated 7.11.2008 in the leading case of Hardeep Singh1 (Crl. Appeal No. 1750 of 2008) where noticing the conflict between the judgments in the case of Rakesh v. State of Haryana,2 AIR 2001 SC 2521; and a two- Judge Bench decision in the case of Mohd. Shafi v. Mohd. Rafiq & Anr.,3 AIR 2007 SC 1899, a doubt was expressed about the correctness of the view in the case of Mohd. Shafi (Supra). The doubts as categorised in paragraphs 75 and 78 of the reference order led to the framing of two questions by the said Bench which are reproduced hereunder:

“(1) When the power under sub-section (1) of Section 319 of the Code of addition of accused can be exercised by a Court? Whether applicatio