Supreme Court of India
Shankar v. The State of Uttar Pradesh & Ors.
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What the Court ordered
We hold that though only a prima facie case is to be established from the evidence led before the court, not necessarily tested on the anvil of cross-examination, it requires much stronger evidence than mere probability of his complicity.
Judgment, page 6
From the headnote
Issue for Consideration Whether there is sufficient material against the appellant prompting the trial court to pass a summoning order u/s. 319 Cr.P. . Headnotes Code of Criminal Procedure, 1973 – s. 319 – Summoning order u/s. 319 – Legality of – Appellants facing trial for offence u/s. 302 – Summoning order passed 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 strong and
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