Heard the learned counsel for the petitioner and the learned AGA for the respondent no.1 and perused the impugned judgment and order.

2. With the consent of the learned counsel for the parties, this petition is being disposed of finally at the stage of admission.

3. It appears that the petitioner Sarvesh has been summoned under section 319 CrPC to face trial in regard to the offences under sections 420, 467, 468 and 471 IPC, police station Wazirganj, district Lucknow in criminal case No. 1869/2009 State vs. Kallu & others, vide the order dated 28.1.2010 passed by the Special Additional Chief Judicial Magistrate, CBI (Ayo.Pra.), Lucknow.

4. During the trial, PW-1 Mohd. Akram was examined, who has deposed in regard to complicity of the petitioner along with the charge-sheeted accused. The learned lower court placing reliance on the statement of the witness, has passed the impugned order summoning the petitioner.

5. The learned counsel for the petitioner submitted that the learned Special Additional Chief Judicial Magistrate, has not recorded any satisfaction that on the basis of the evidence adduced, there was a possibility of conviction of the petitioner, therefore, the summoning order

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