CENTRAL BUREAU OF INVESTIGATION, LUCKNOW, U.P. Vs. INDRA BHUSHAN SINGH
LAWS(SC)-2014-5-1
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on May 02,2014

Central Bureau Of Investigation, Lucknow, U.P. Appellant
VERSUS
Indra Bhushan Singh Respondents


Cited Judgements :-

RAJAT KUMAR BHALOTIA VS. SAI TECH MEDICARE PVT LTD. [LAWS(HPH)-2024-7-9] [REFERRED TO]


JUDGEMENT

- (1.)The three questions before us are: (i) whether the complaint filed against the respondents under Section 195(1)(b) of the Code of Criminal Procedure, 1973 was authorized by the Allahabad High Court; (ii) whether it was necessary to obtain a sanction from the Allahabad High Court for filing the complaint against the respondents, and (iii) if a sanction was necessary, whether it was in -fact obtained. In our opinion, the first question must be answered in the negative. Consequently, the second and third questions do not arise or are, at best, academic in nature and need not be answered. As such, the orders under appeal call for no interference.
The facts

(2.)On 25th May, 1990 a learned Single Judge of the Allahabad High Court is said to have dealt with Writ Petition No. 5267 of 1990 (purportedly filed by Dr. Sheetal Nandwani) and passed an order to the effect that the competitive examinations scheduled to be held on 27th May, 1990 for admission in post-graduate medical courses in State medical colleges ought not to be held. Instead, admissions should be made on the basis of marks obtained by the candidates in the MBBS course as has been done in MDS courses. With this brief order the writ petition was allowed.
(3.)In compliance with the order dated 25th May, 1990 the State Government cancelled the scheduled competitive examinations in seven medical colleges in Uttar Pradesh and a direction issued to grant admission on the basis of MBBS results.


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