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Supreme Court of India 2026-03-17 allowed

Mohammad Kaleem vs State of Uttar Pradesh & Ors

Bench: 2 — Sanjay Karol, Augustine George Masih

In Brief

In a murder case involving Mohammad Ammar, the complainant sought to summon two additional accused, Rajendra and Mausam, based on witness testimony about a jail conspiracy. The Trial Court and High Court rejected this application, citing contradictions in witness statements and implausible details. The Supreme Court set aside both orders, holding that the testimony of three witnesses—the complainant and two others—met the "strong and cogent evidence" standard required for summoning additional accused under Section 319 CrPC. The Court clarified that minor inconsistencies and absence of documentary records cannot bar summoning; pre-trial scrutiny should not apply trial-level credibility standards.

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Criminal Procedure Criminal Conspiracy Murder Pre-trial Procedure Evidence Judicial Discretion

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