SHANKAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The present appeals arise out of a decision of the High Court of Judicature at Allahabad dtd. 4/4/2023 in Application under Sec. 482 No. 30221 of 2017, whereby the High Court refused to quash a summoning order dtd. 24/8/2017 passed under Sec. 319 of the Cr.P.C. by the Additional District and Sessions Judge, Kanpur Dehat, where the Appellants herein were directed to face a trial for offence under Sec. 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 Sec. 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: