HC rejects applications of 5 accused
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Noting that there were at least 384 witnesses listed in the chargesheets, the court directed the CBI court to examine the relevance of the witnesses and call only those which are relevant to the trial. But this decision would be taken by the CBI court only after hearing both parties, the court said.
Citing Supreme Court rulings, the court rejected one of Shukla's main arguments that the CBI had not taken prior approval from the department concerned before filing the chargesheet. The court said that when an investigation has been ordered by the high court, the CBI was not bound to take approval of the department. The court noted that the investigations were undertaken by the CBI following a high court order on a PIL.
The CBI has so far filed three chargesheets in connection with the NRHM scam. Two of them mention Shukla and others as accused, while Kushwaha's name has figured in all three. A couple of private companies and the UPPCL were unduly favoured for award of upgrade of work in the district hospitals in lieu of bribe being given to the accused, the chargesheets allege.
The CBI had charged the accused with criminal conspiracy, forgery and other offences of the Indian Penal Code and various sections of the Prevention of Corruption Act.
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