JUDGMENT

G. P. MATHUR, J.—

1.Leave granted.

2.This appeal, by special leave, has been preferred against the judgment and order dated 24.4.2006 of Allahabad High Court by which the petition filed by the respondent No. 2 Kapil Dev Singh under Section 482 Cr.P.C. was allowed and the order dated 26.5.2005 passed by the learned Sessions Judge, Allahabad under Section 319 Cr.P.C. summoning him to face trial under Section 302 IPC was set aside.

3.In the morning hours between 6.30 a.m. and 7.00 a.m. on 15.12.1995, three persons, viz., the wife, son and brother-in-law of Nigam Singh were murdered. An FIR of the incident was lodged by Nigam Singh at 8.10 a.m. on 15.12.1995 at P.S. George Town, Allahabad. After investigation, charge sheet was submitted and four persons, viz., Kapil Dev Singh (respondent No. 2 herein), Suresh Singh, Sukhpal Singh and Kamlesh Singh were put up for trial. The present incident took place on 16.3.2002 when the trial of the aforesaid tripple murder case was going on. According to the case of the prosecution, the accused of the tripple murder case were putting pressure on Nigam Singh not to give evidence in the said case. It is alleged that at about 6.00 p.m. on 16.3.