VISHNU CHANDRA GUPTA, J. - (1.) THE aforesaid two criminal revisions, under Section 397 read with Section 401 of Code of Criminal Procedure (in short 'Cr.P.C.) have been filed by the revisionists against the order dated 24.11.2012 passed by learned Special Judge (CBI), Court No.4, Lucknow, rejecting the applications for discharge moved by the revisionists under section 239 of Cr.P.C., in Criminal Case No.7 of 2012 (State Vs. Dr. Ketan Desai and others) arising out of RC No.15 -A of 2010, under Sections 13(2) and 13(1)(d) of Prevention of Corruption Act (in short 'PC Act') and Section 120 -B,420,468,471 IPC, Police Station CBI/ACB.
(2.) AS in both these criminal revisions, the aforesaid impugned order has been challenged and almost similar questions of law and facts are involved, hence, both the criminal revisionists are being decided by the common judgement. That Shri Ram Murti Smarak Institute of Medical Sciences, Bareilly (hereinafter referred to as 'Medical Collage'), is a private Medical College, which is being run by Shri Ram Murti Smarak Trust, since 2005 -06. During the period of 2009 -10, Sri Dev Murti (Revisionist No.1 in Criminal Revision No.474 of 2012) was the Chairman and his son Sri Aditya Murti (Revisionist No.2 in Criminal Revision No.474 of 2012) was alleged to be the Director (Admn.) of the said Medical College, whereas Dr. Ved Prakash Shrotriya (Revisionist No.3 in Criminal Revision No.474 of 2012) was the Dean of the Medical College.
(3.) THE Medical Council of India (hereinafter referred to as 'MCI') is a statutory body and is governed by the Indian Medical Council Act, 1956 (in short 'IMC Act'). Section 10(A) of the IMC Act provides for the previous permission of the Central Government for establishment of New Medical College, new Course of study etc. on the recommendation of MCI. The first approval of the Central Government under Section 10(A) of IMC Act for the establishment of the aforesaid Medical College was accorded in July, 2005, which was initially for a period of one year and with an annual intake of 100 students of MBBS from the academic session 2005 -06. Thereafter, the medical college got its renewals of permission for 2nd, 3rd, and 4th batch for admission as per Section 10(A) of the IMC Act, from the Central Government on yearly basis. Under Section 19 -A of the IMC Act, MCI prescribes the minimum standards of medical education required for granting recognized medical qualifications by medical institutions in India. Under Section 33 of the IMC Act, the MCI has power to make regulations generally to carry out the purposes of the IMC Act, with the previous sanction of the Central Government. In pursuance of it the MCI has prescribed regulations namely, "Minimum Standard Requirements For The Medical College For 100 Admissions Annually Regulations, 1999" (in short 'Regulations') with the objective to prescribe for a Medical College and Medical Institution approved for admissions of MBBS students annually, the minimum requirements of accommodation in the college and its associated teaching hospitals, staff (teaching and technical both) and equipment in the college departments and hospitals. To verify the minimum requirements, the MCI used to get inspections conducted of the Medical Colleges by its inspectors appointed by its Executive Committee under Section 17 of IMC Act and obtains inspection reports from them on the availability of staff (teaching faculty and residents) and other infrastructural facility in the College as per the minimum requirement prescribed by the MCI for the purpose of making recommendations to the Central Government.;