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.

4. In compliance of the orders dated 8.2.2007 and 31.10.2007 passed by this Court in Writ Petition No. 7865 (MB) of 2006, investigation of the matter was transferred on 23.10.2008 from Police Station Sadar Bazar, Meerut to the C.B.I., which was registered as case crime no. RC.1/(S) 2008/SCB-II/Delhi under Section 120-B read with Section 302 IPC. The C.B.I., after investigation in the matter submitted charge-sheet before the concerned Magistrate against the present applicant and other accused persons. The concerned Magistrate, registering the case, vide order dated 13.12.2010 took the cognizance in the mater and issued summon against the applicant fixing 14.12.2010. Aggrieved with the said order, the applicant has approached this Court through the present application.

5. Affidavits in the matter have been exchanged between the parties.

6. Heard Shri G.S. Chaturvedi, learned Senior Counsel assisted by Shri Samit Gopal, learned counsel for the applicant and Shri N.I. Jafri, learned counsel appearing for the C.B.I. and perused the entire record.

7. Learned Senior Counsel appearing for the applicant submitted that it is a case of no evidence. The Investigating Officer has submitted charge-sheet on the basis of inadmissible evidence. To attract the offence under Section 120-B IPC, there must be some connecting evidence showing the complicity of the applicant in the matter. At this stage, Shri Chaturvedi, learned Senior Counsel referred to the statement of witnesses recorded by the C.B.I during course of investigation and also the confessional statement recorded in the matter. It was further submitted that the deceased was working with the Institutions run by the applicant. He was expelled from the institution. Many persons were having enmity with the deceased, therefore, it was a blind murder. The applicant was roped in this case only on the basis of suspicion. There is every chance that some other persons would have committed the present offence. The applicant has no concern with the murder of the deceased. It was next submitted that perusal of the evidence recorded by the C.B.I. shows that essential ingredients to constitute the offence under Section 120-B IPC are lack