C-482 No. 779 of 2009 Hon’ble B.C. Kandpal, J. By way of this petition under Section 482 Cr.P.C. the petitioner has prayed for setting aside the order dated 19.08.2009 passed by Special Judge, Anti Corruption (CBI), Uttarakhand in C.B.I. Case No. 10 of 2000, CBI Vs Ram Chandar and further to direct the trial court to summon the witness concerned. Brief facts of the case are that the petitioner is facing trial in the aforesaid case under Sections 7, 13(2) r/w (1) (d) of Prevention of Corruption Act, 1988. The petitioner moved an application before the trial court for summoning the witness / Superintendent of Police, which was dismissed vide order dated 19.08.2009 by the court below. Feeling aggrieved by the aforesaid order, the petitioner moved an application before this Court for setting aside the said order. Heard Sri L.K. Tiwari, learned counsel for the petitioner, Sri Sandeep Kothari, Advocate, holding brief of Sri Sobhit Saharia, learned counsel for the respondent/C.B.I. on the point of admission and perused the record. After hearing learned counsel for the petitioner at great length and going through the material available before me, I am of the view that there is no flagrant injustice and abuse of process of court in this case. The averments made in the petition are the disputed question of fact, which can be assessed and judged by the trial court. I am not supposed to embark upon an enquiry with regard to the credibility of the evidence at this stage. The trial court after hearing learned counsel for the parties and perusing the documents available on record, rightly dismissed the application of the petitioner. Any judgment rendered by me would amount to premature judgment where the evidence is still incomplete and hazy. I do not find any merit in this case at this stage. Accordingly, the petition filed under Section 482 Cr.P.C. is dismissed in-limine. (B.C.K., J.) 14.10.2009 ASWAL