Order

1.Leave granted.

2.Heard Mr. Shekhar Naphade, learned senior counsel for the appellant, Mr. Subramonium Prasad, learned counsel for Ku. Pradnya Sudhakar Phadnavis, respondent No. 3 and Mr. Vivek Tankha, learned senior counsel for Dr. Prakashchandra, respondent No.7. None of the other respondents are represented before us despite service.

3.This appeal is directed against the order dated April 20, 2005 passed by the High Court of Bombay, Nagpur Bench in Criminal Revision Application No. 50 of 2004 and Criminal Application No. 87 of 2004 by which the High Court quashed the proceedings of Criminal Case No. 48 of 1994 pending before the Additional Chief Judicial Magistrate, Nagpur on the ground that there was no sanction for prosecution of the accused (respondents before this Court) as required under Section 197 of the Criminal Procedure Code (hereinafter referred to as ‘the Code’).

4.It came to light that HIV contaminated blood was supplied to the Government Medical College and Hospital, Nagpur by its blood bank and as a result, some patients who were given blood transfusion had tested HIV positive. After making some preliminary inquiry, the Drugs Inspector, Nagpur lodged a first in