2024 INSC 366 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2367 OF 2024 (@ S.L.P. (CRL.) NO. 5530 OF 2023) SHANKAR ...APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ORS. …RESPONDENT(S) WITH CRIMINAL APPEAL NO. 2368 OF 2024 (@ S.L.P. (CRL.) NO. 6321 OF 2024) (DIARY NO. 29192 OF 2023) VISHAL SINGH ...APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ORS. …RESPONDENT(S) J U D G M E N T 1. Leave granted. 2. The present appeals arise out of a decision of the High Court of Judicature at Allahabad dated 04.04.2023 in Application under Section 482 No. 30221 of 2017, whereby the High Court refused to quash a summoning order dated 24.08.2017 passed under Section 319 of the Cr.P.C. by the Additional District & Sessions Judge, 1Kanpur Dehat, where the Appellants herein were directed to face a trial for offence under Section 302 IPC. Both the Appellants being identically placed, their appeals are being dealt with together. 3. The issue that arises