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Ajay Kumar @ Bittu v. State of Uttarakhand

Code of Criminal Procedure, 1973 – Section 319 – Power to proceed against other persons appearing to be guilty of offence is a discretionary and extra-ordinary power which has to be exercised sparingly – the test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction.