Is the threshold for the exercise of power U/S 319 of the CRPC that the evidence against the accused, if left unrebutted, would lead to conviction?

[Educator]

The Constitution Bench in Hardeep Singh and Ors.'s case (supra), opined as under:105. Power Under Section 319 Code of Criminal Procedure is a discretionary and an extraordinary power. It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant. It is not to be exercised because the magistrate or the sessions judge is of the opinion that some other