Supreme Court of India · 2013-07-01
MOHIT @ SONU vs STATE OF U.P.
- Citation / case number
- SC 2010/1266
- Court
- Supreme Court of India
- Petitioner
- MOHIT @ SONU
- Respondent
- STATE OF U.P.
- Author
- M.Y. EQBAL
- Bench
- M.Y. EQBAL P. SATHASIVAM
Judgment text excerpt
The Supreme Court held that the High Court erred in setting aside the trial court's order rejecting the application under Section 319 of the Code of Criminal Procedure, 1973, for summoning the appellants as accused. The Court emphasized that the trial court must assess the evidence comprehensively before summoning additional accused, and in this case, the evidence was found to be contradictory and insufficient. Consequently, the Supreme Court upheld the trial court's decision, reinforcing the principle that summoning of additional accused should be based on clear evidence of their involvement in the crime.