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june 2023

Supreme Court of India · 2023-06-02

Jitendra Nath Mishra vs State Of Uttar Pradesh

Court
Supreme Court of India
Petitioner
Jitendra Nath Mishra
Respondent
State Of Uttar Pradesh
Author
Dipankar Datta
Bench
Pankaj Mithal, Dipankar Datta

Judgment text excerpt

The Supreme Court examined the validity of a summoning order issued under Section 319 of the CrPC in a case involving allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Allahabad High Court had dismissed an appeal challenging this order, which was based on the investigation and charge-sheet related to offences under IPC and the 1989 Act. The Court analyzed whether the exercise of powers under Section 319 was justified in this context and upheld the order, emphasizing the importance of proper application of the law in summoning accused persons. The judgment clarifies the scope of judicial review over such summoning orders in criminal proceedings.

Jitendra Nath Mishra vs State Of Uttar Pradesh · Niyam