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Head Note

The Code of Criminal Procedure, 1973  - Section 482

Quashing of Summoning Order - Murder - Statements of the witnesses recorded and the reason for the delayed recording of statements also disclosed in the daily diary report - Evaluation of the truth or falsity thereof, will be possible only after evidence is recorded, in the matter - At the present juncture to quash the proceedings initiated against the accused by quashing the summoning order dated 6.4.2024 in exercise of the power vested in the High Court under Section 482 of the Cr.P.C. held to be clearly not made out - Since prima facie, commission of offences under the Indian Penal Code, are shown to be emerging from the statements of witnesses recorded the impugned order dated 26.08.2013, passed by the High Court liable to be set aside - The accused directed to appear before the Additional Chief Judicial Magistrate in furtherance of the summoning order dated 6.4.2024 on 21.01.2016.

Topic(s)-Murder - Quashing of Summoning Order - Quash set aside