The Supreme Court has directed two persons to face trial in a murder case that was closed 12 years ago and in which two others had already been sentenced to life imprisonment.

Although the names of the two accused — Jamin and Akil — were mentioned in the FIR by the brother of the deceased, the Uttar Pradesh police refused to chargesheet them on the ground that there was no evidence against them and the trial court also did not frame charges against them.

The apex court ruled that even if the duo had not been chargesheeted, they could still be made to face trial.

On April 14, 2009, the family of the deceased had lodged an FIR against five persons — Irshad, Irfan, Abdul, Jamin and Akil — at Bilgram police station in Hardoi, Uttar Pradesh, in connection with the murder.

However, the police filed the chargesheet on July 14, 2009, against only two accused — Irshad and Irfan.

The family’s plea for the issuance of summons against the other three accused was rejected by the sessions court.

The Hardoi additional district and sessions judge on October 19, 2011, held Irshad and Irfan guilty of the murder and sentenced them to life imprisonment, concluding the trial.

When Allahabad High Court asked for an examination of the plea for summoning the other three accused despite the conclusion of the original trial, the additional district and sessions judge on February 21, 2024, called Abdul, Jamin and Akil. Since Abdul had passed away, the court summoned Jamin and Akil to face the trial.

Jamin and Akil filed an appeal in the high court that they could not be forced to stand trial as the process had concluded almost 13 years before the summoning order was passed. The high court dismissed their plea, following which the duo filed an appeal in the top court.