When there is strong evidence as regards involvement of accused in crime as against mere probability of his complicity, accused cannot question summoning order issued against him.

The accused was allegedly involved in offence of culpable homicide not amounting to murder. Since the accused was clearly named in the FIR by the injured witness, his complicity in the incident was prima facie visible. The evidence on the basis of which the accused was earlier exonerated by the Investigating Officer was not found to be conclusive in nature. The Allahabad High Court held that once there was strong evidence, instead of mere probability of the complicity of the accused in the form of testimony of injured complainant, detailed and reasoned order summoning accused for trial, cannot be challenged.

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