JUDGMENT

G. P. MATHUR, J. — (For himself and P.K.Balasubramanyan, J.) Leave granted.

2. This appeal, by special leave, has been preferred against the judgment and order dated 24.4.2006 of the Allahabad High Court by which the petition filed by Respondent 2, Kapil Dev Singh under Section 482 CrPC was allowed and the order dated 26.5.2005 passed by the learned Sessions Judge, Allahabad under Section 319 CrPC 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 PS George Town, Allahabad. After investigation, charge-sheet was submitted and four persons viz. Kapil Dev Singh (Respondent 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 triple murder case was going on. According to the case of the prosecution, the accused of the triple murder case were putting pressure on Nigam Singh not to give evidence in the said case. It is alleged that at