JUDGMENT :

AJAY RASTOGI, J.

1. Leave granted.

2. The instant appeal has been filed by the appellant assailing the correctness of the order dated 28th July, 2021 passed by the High Court of Judicature at Allahabad setting aside order dated 30th January, 2018 passed by the Additional Sessions Judge, Muzaffarnagar, whereby the trial Court had rejected the application filed by the complainant under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) for summoning the appellant as accused and to face trial in Case Crime No. 164 of 2014 under Section 302 IPC registered at P.S. Fugana, District Muzaffarnagar, Uttar Pradesh.

3. The brief facts of the case culled out from the record are that on a written complaint made by one Ravinder S/o Sadhuram that on 10th September, 2014, both his sons Sachin and Nitin were called by Jagpal S/o Shital Singh and his nephew Sagar S/o Charan Singh (appellant) from his house for tying the sugarcane crop and his son Nitin was seen in the company of Jagpal and Sagar (appellant) by the complainant while he was returning back and later at about 9.00 a.m. when the complainant went to the field of Jagpal and called Nitin, Jagp