Code of Criminal Procedure, 1973–Sec. 319–Scope–While dealing with the order of allowing the application, High Court was not required to appreciate the deposition of the injured eyewitnesses and what was required to be considered at the stage was whether there is any prima facie case and not whether on the basis of such material, the proposed accused is likely to be convicted or not and/or whatever is stated by the injured eye witness in his examination-in-chief is exaggeration or not–These aspects are required to be considered during the trial and while appreciating the entire evidence on record–Order passed by High Court is beyond the scope and ambit of Sec. 319.


