SUBESH KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) These seven petitioners under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "CrPC") have been filed, impugning the summoning order dtd. 7/7/2022 passed by the learned Special Judicial Magistrate, C.B.I., Lucknow in Complaint Case No. 3845 of 2019.

(2.) The facts, giving rise to these petitioners briefly stated are that the Government of India launched a scheme, named and styled as 'National Rural Health Mission' (hereinafter referred to as the "NRHM") on 12/4/2003 with a view to provide accessible, adequate and affordable health service to all persons, particularly, to vulnerable Sec. of the society, residing in remote areas. The separate Memorandum of Understandings were entered into between the Central Government and the State Governments for decentralizing the implementation of the scheme and mobilizing the resources for implementing the said scheme. Such a Memorandum of Understanding with the Government of Uttar Pradesh was entered into on 12/11/2006. As per the said Memorandum, 85% funds were to be provided by the Central Government whereas the State Government was to contribute 15% of the total funds for the Mission.

(3.) The State Health Society (hereinafter referred to as the "SHS") was established under the Chairmanship of Chief Secretary, Government of Uttar Pradesh and the existing State Agencies involved in implementation of tuberculous, blindness and leprosy eradication as well as other State Empowered Committee for RCH etc. were merged with he SHS.