(1.) Heard Shri S.P. Gupta, learned Senior Advocate alongwith Shri Nipun Saini for the petitioner, the learned A.G.A., Shri Anil Malik and Mohd. Afzal advocates for the respondent No. 4.
(2.) Both Shri Anil Malik and Shri Mohd. Afzal have stated in Court that they do not wish to file any counter affidavit and the Court may proceed to decide the writ petition itself. This petition challenges a First Information Report dated 15.6.2006 lodged as Case Crime No. 171 of 2006 under Sec. 302, I.P C. at Police Station, Sadar Bazar in Meerut.
(3.) It is alleged in the petition and which facts have not been denied by filing any counter affidavit that the petitioner, Dr. Atul Krishna is the President of Subharati K.K.B. Charitable Trust and the Trust runs a Medical College of the same name since 2000 and also Dental College since 1997, Physiotherapy College, Engineering College, Nursing College, Law College, B.Ed. College and large number of Primary Institutions on charitable basis. The petitioner himself is a qualified Doctor holding a Masters Degree and apart from teaching students in the Medical College also performs surgeries in the Medical College free of charge and is engaged in social activities in Meerut. The Trust substantially is private in nature as his wife, brother and other family members are its trustees.