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Vikas Rathi vs. State of U. P. & Anr. (SC)

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Code of Criminal Procedure, 1973–Sec. 319–Oder of dismissing the application–Quashed by the High Court–Justification–No-eye witness of the incident–PW 2 stated that the appellant was working with the deceased and there was some money dispute–PW 5 retracted from his earlier statements and did not raise any finger towards the appellant–Widow of deceased merely stated that she is sure that the appellant has committed the murder of her husband–Aforesaid material was not sufficient for allowing the application u/s. 319–Trial Court has acquitted the charged accused–Impugned order of High Court is liable to be set aside.