Supreme Court · 2024 INSC 366 · Decided 2 May 2024
Shankar v. The State of Uttar Pradesh & ORS.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 366 · [2024] 6 S.C.R. 10
- Case number
- CRIMINAL APPEAL No. 2367/2024
- Decided
- 2 May 2024
- Bench
- PAMIDIGHANTAM SRI NARASIMHA, ARAVIND KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 319, 161
Headnote
Whether there is sufficient material against the appellant prompting the trial court to pass a summoning order u/s. 319 Cr.P.C. Code of Criminal Procedure, 1973 - s. 319 - Summoning order u/s. 319 - Legality of - Appellants facing trial for u/s. 319 by the trial court - High Court refused to quash the summoning order - Correctness: Held: Degree of satisfaction required to exercise power u/s. 319 is much stricter, considering that it is a discretionary and an extra- ordinary power - Only when the evidence is
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