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Jitendra Nath Mishra vs. State of U. P. & Anr. (SC)

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Code of Criminal Procedure, 1973–Sec. 319–Applicability of provision–For exercising the powers, the evidence on record must show the involvement of a person in the commission of the crime–Powers should not be exercised mechanically merely on the ground that some evidence has come on record implicating the person sought to be summoned–Satisfaction preceding the order thereunder must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to the conviction.