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.