ADARSH KUMAR GOEL, J. - (1.) Leave granted. These appeals have been preferred against the orders of the High Court of Judicature at Allahabad dated 1st May, 2015 and 22nd January, 2016 in APP No. 6623 of 2015 and Application u/s 482/378/407 No. 3823 of 2014 respectively.
(2.) The question for consideration relates to the jurisdiction of the Special Judge appointed under the Prevention of Corruption Act, 1988 (the "PC Act") to try a person other than a public servant if the public servant dies before the commencement of the trial. Further question is whether the Special Judge can try a non PC Act case when his appointment is to try all cases of the category which covers the present case.
(3.) The Central Bureau of Investigation (the "CBI") conducted investigation in what is known as "National Rural Health Mission Scam" ("NHRM Scam"). According to the said investigation, NRHM funds to the tune of Rs. 9,000 crores, which were allocated to the State of Uttar Pradesh for the period 2005 -2006 by the Ministry of Health and Family Welfare, Government of India, were diverted and allegedly misappropriated on a large scale. The CBI enquiry was ordered by the Lucknow Bench of the High Court on 15 th November, 2011. It also came to light that two Chief Medical Officers were shot dead as a result of the said scam. One Deputy Chief Medical Officer was arrested by the local police, but he was found dead in jail on 22 nd June, 2011. One Sunil Verma, who was named as one of the accused, allegedly committed suicide on 23rd January, 2012. One Mahender Kumar Sharma, who was a clerk in the office of Chief Medical Officer, Lakhimpur Kheri was found murdered on 15 th February, 2012. The CBI conducted searches of more than 150 places across the State and arrested a number of accused persons suspected to be involved in the embezzlement of NHRM funds.;