VidhiSangh

Supreme Court of India · 28/03/2025

AKHILESH versus STATE OF UTTAR PRADESH & ORS.

[2025] 3 S.C.R. 1431 · 2025 INSC 431

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Summary

The Supreme Court restored a Trial Court order summoning two persons under Section 319 CrPC who were named in the FIR but dropped from the chargesheet, holding that the High Court erred in setting it aside by giving undue weight to Section 161 CrPC statements when two eyewitnesses had deposed to the respondents' presence at the spot.

Issues

  1. Whether the High Court was justified in revision in setting aside the Trial Court's order summoning respondent nos. 2 and 3 under Section 319 CrPC on the basis of the depositions of PW-1 and PW-2.
  2. Whether doubts about the credibility of the eyewitnesses (PW-1 not being present at the spot; PW-2 being a close relative of the deceased) can be examined at the stage of summoning under Section 319 CrPC.

Provisions considered

Held

Result

Appeal allowed; High Court order dated 08.07.2024 set aside; Trial Court's summoning order dated 07.07.2023 under Section 319 CrPC restored; observations not to affect the trial; pending applications disposed of and interim orders vacated.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 1431.