10. In the present case, the FIR disclosed offences having been committed by Dharmendra, his brother and an unknown person. Both the complainant and his wife, while testifying before the court, described the manner of assault on the former inflicted by Dharmendra and the appellant and the utterances used by Dharmendra and the appellant, inter alia, touching the caste of the complainant and his wife. At least, on this point, prima facie there appears to be no contradiction at all. The FIR in this case is not such where one finds complete absence of any reference to the brother of Dharmendra who had joined Dharmendra in assaulting and abusing the complainant or that the allegations are entirely Dharmendra centric with none else playing any role. It is not that involvement of Dharmendra’s brother in the crime is being referred to for the first time in the court. True it is, the appellant was not named in the FIR; but, that by itself, cannot be held to be decisive. Once it is conceded that the appellant is a sibling of Dharmendra and he is named as one of the assailants, the material for forming the requisite satisfaction cannot be said to be non-existent. For the purpose of passing an order under section 319, Cr. PC, it is sufficient to form a satisfaction of the nature indicated in paragraph 106 of the decision in Hardeep Singh (supra). We are satisfied, on facts and in the circumstances, that the Special Court formed the requisite satisfaction prior to summoning the appellant to face trial with Dharmendra.
11. In such view of the matter, the order of the Special Bench dated 16th October, 2021 and the impugned order of the High Court dated 1st June, 2022 affirming it cannot be faulted.
SUPREME COURT JUDGMENT
Citation: 2023 STPL(WEB) 2 SC
JITENDRA NATH MISHRA Vs STATE OF U.P. AND ANOTHER
Criminal Appeal No. 978 of 2022-Decided on 02-06-2023
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