- (1.) The present application has been filed by the applicant with the prayer to quash the impugned summoning order dated 13.12.2010 passed by the Special Judicial Magistrate (C.B.I.), Ghaziabad in Criminal Case No. 4143 of 2010 (CBI vs. Dr. Atul Krishna Bhatnagar and others) under Sections 120-B read with Section 302 IPC, Police Station New Delhi -C.B.I./S.C.B.-II/2008, New Delhi relating to Case Crime No. RC.1(S)/2008/SCB-II/ Delhi. Further prayer has also been made to quash the proceedings of the aforesaid Criminal Case.
(2.) At the out-set, it is mentioned here that against the impugned order dated 13.12.2010 the applicant had preferred Criminal Revision No. 25 of 2011 before this Court, which, by the order dated 27.9.2012 was converted into the application u/s 482 Cr.P.C..
(3.) It appears that a First Information Report (in short 'FIR') was lodged on 15.6.2006 at police station Sadar Bazar, Meerut on the information of opposite party no. 3 Tushin Bishnoi against three unknown persons and the applicant of the present case with the allegation that his brother-in-law Nirmal Sharma son of late Ram Kishan Sharma, resident of 195, Police Street, Meerut Cantt was doing pairvi of the cases relating to Subharti Medical College. Shri Atul Kumar Bhatnagar had grudge with Hari Om Anand and often forbade Nirmal Sharma to favour Hari Om Anand. Before two days at about 11.30 a.m., Atul Krishna, General Manager, Subharti Trust alongwith his two companions had gone to the house of the informant. They called out Nirmal Sharma and gave threat to him, in the presence of the informant and his sister, that if Nirmal favours Hari Om Anand, he will face dire consequences. On 14.6.2006 at 21.15 p.m. near House No. 107/2, Thaper Nagar, Meerut deceased Nirmal Sharma was done to death.;