Supreme Court of India · 2013-07-01
Mohit @ Sonu & Anr vs State Of U.P.& Anr
- Citation / case number
- AIR 2013 SUPREME COURT 2248
- Court
- Supreme Court of India
- Petitioner
- Mohit @ Sonu & Anr
- Respondent
- State Of U.P.& Anr
- Author
- M.Y. Eqbal
- Bench
- M.Y. Eqbal, P. Sathasivam
Judgment text excerpt
The Supreme Court upheld the High Court's order directing the trial court to summon the accused-appellants under Section 319 of the Code of Criminal Procedure, 1973. The Court found that the High Court correctly identified that prima facie evidence existed against the appellants, which warranted their summoning despite the trial court's earlier rejection of the application. The Court emphasized that the trial court had erred in dismissing the application without adequately considering the evidence presented by the complainant and other witnesses.