Supreme Court of India · 2024-05-02
Shankar vs The State Of Uttar Pradesh
- Citation / case number
- 2024 INSC 366
- Court
- Supreme Court of India
- Petitioner
- Shankar
- Respondent
- The State Of Uttar Pradesh
- Author
- Pamidighantam Sri Narasimha
- Bench
- Aravind Kumar, Pamidighantam Sri Narasimha
Judgment text excerpt
The Supreme Court examined the validity of a summoning order under Section 319 of the Cr.P.C. issued by the Trial Court, which directed the appellants to face trial for murder under Section 302 IPC. The Court found that the High Court erred in upholding the summoning order as the evidence presented, particularly the testimony of the first informant, indicated that the appellants were not involved in the crime. The Court held that there was insufficient material to justify the summoning of the appellants, leading to the quashing of the Trial Court's order.