can be exercised at the stage of completion of examination-in-chief and the court does not need to wait till the said evidence is 4 (2014) 3 SCC 92 SLP(Crl.) No.12292 of 2022 Page 8 of 14tested in cross-examination, for it is the satisfaction of the court, which can be gathered from the reasons recorded by the court, in respect of complicity of some other person(s) not facing the trial in the offence.” The said view of the Constitution Bench has been taken as a mandate by the High Court that application under section 319 CrPC must be necessarily decided even if the cross-examination has not been conducted, only on the basis of Examination-in-Chief. Relying upon the same, the High Court has set aside the order of the acquittal passed by the Trial Court and has remanded the matter to the Trial Court with the direction to first decide the application under section 319 CrPC and thereafter proceed with the sessions trial expeditiously. 14. The judgment in the case of Hardeep Singh (supra)