Shri Kant Tripathi,J.:-

1. Heard the learned counsel for the petitioners 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 petitioners Shyam Sunder and Smt. Munni have been summoned under section 319 CrPC to face trial in regard to the offences under sections 306/302 IPC in S.T.No. 773/2009 State vs. Ram Ashrey, pending in the court of Additional Sessions Judge, F.T.C. No.4, Hardoi.

4. During the trial, three eye witnesses (PW-1, PW-2 and PW-3) were examined, who have deposed in regard to complicity of the petitioners along with the charge-sheeted accused. The learned lower court placing reliance on the statements of the witnesses, has passed the impugned order summoning the petitioners.

5. The learned counsel for the petitioners submitted that the learned Additional Sessions Judge has not recorded any satisfaction that on the basis of the evidence adduced, there was a possibility of conviction of the petitioners, therefore, the summoning order is bad.

6. The learned counsel for the petitioners furt

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