(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.
(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.