VidhiSangh

Supreme Court of India · 02/06/2023

JITENDRA NATH MISHRA versus STATE OF U.P. & ANR

[2023] 7 S.C.R. 642 · 2023 INSC 576

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Summary

The Court upheld summoning the appellant to face trial with his brother under Section 319 CrPC. The FIR had referred to the brother of the named accused, and both witnesses identified the appellant’s participation in court. His omission by name from the FIR was not decisive. Questions of delay, other contradictions and absence of public witnesses remained open for trial.

Issues

  1. Whether the witnesses’ evidence justified summoning the appellant under Section 319 CrPC despite omission of his name from the FIR.
  2. Whether the appellant’s challenges to the prosecution evidence should be finally determined at the summoning stage.

Provisions considered

Held

Result

Appeal dismissed; Section 319 summoning order upheld. Expeditious trial encouraged, with merits and defences to be independently considered. Stay application and other pending applications dismissed.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 642.