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2024 Supreme(SC) 407

PAMIDIGHANTAM SRI NARASIMHA, ARAVIND KUMAR
Shankar – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Preetika Dwivedi, AOR Mr. Abhisek Mohanty, Adv.
For the Respondent(s): Mr. Yasharth Kant, AOR Mr. Jitendra Kumar Tripathi, Adv. Mr. Ankit Goel, AOR Mr. Dhawal Uniyal, Adv. Mr. Nikhil Sharma, Adv.

1. Leave granted.

2. The present appeals arise out of a decision of the High Court of Judicature at Allahabad dated 04.04.2023 in Application under Section 482 No. 30221 of 2017, whereby the High Court refused to quash a summoning order dated 24.08.2017 passed under Section 319 of the Cr.P.C. by the Additional District & Sessions Judge, Kanpur Dehat, where the Appellants herein were directed to face a trial for offence under Section 302 IPC. Both the Appellants being identically placed, their appeals are being dealt with together.

3. The issue that arises for our consideration is whether there is sufficient material against the Appellant prompting the Trial Court to pass a summoning order under Section 319 Cr.P.C. The principles of law being settled by the judgments of the constitutional benches of this Court, this question hinges upon the facts of the present case, which is as follows:

4. Facts and investigation: On 10.05.2011, the first informant (PW-1), who is the mother of the deceased, got an FIR lodged at P.S. Ghatampur, informing that her son was found dead near a tubewell in the wheat field of a fellow villager. In her statement, she alleged that her son was murdered by the pr

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