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Supreme Court of India 2023-06-02 dismissed

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

Bench: 2 — Dipankar Datta, Pankaj Mithal

In Brief

The appellant was summoned to stand trial under Section 319 Cr.P.C. alongside Dharmendra, based on depositions of the complainant and his wife alleging they had jointly assaulted and abused them with caste-based slurs. The appellant challenged this summoning order, contending that material contradictions between the witnesses' versions, the omission of his name from the FIR, delay in lodging the complaint, and the absence of public witnesses rendered the evidence unreliable. The Supreme Court held that the evidence sufficiently established the appellant's alleged involvement to warrant trial. Points about witness credibility, delay, and contradictions remain open for trial on merits and do not vitiate the summoning order at the pre-trial stage. The appeal was dismissed.

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Criminal Procedure Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989 Section 319 Cr.P.C. Summoning of Accused Witness Credibility Atrocities against SC/ST

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