JUDGMENT

Dinesh Kumar Singh, J.

These seven petitioners under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "CrPC") have been filed, impugning the summoning order dated 07.07.2022 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 12.04.2003 with a view to provide accessible, adequate and affordable health service to all persons, particularly, to vulnerable section 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.

4. On the allegation of large scale bungling, misappropriation and cheating of public funds, while implementing the NRHM by the government officials, in active connivance and conspiracy with private persons, Public Interest Litigation Petition Nos. 3611 (M/B) of 2011, 3301 (M/B) of 2011 and 2647 (M/B) of 2011 came to be filed. This Court vide order 15th November, 2011 directed as under:-

".....................We are prima facie convinced that gross irregularities financial and administrative appear to have been committed in the execution and implementation of NRHM including the matter of award of contracts, procurement of goods, article and etc. at various levels.

.................The facts and circumstances, aforesaid make out a case for reference to CBI for making a preliminary enquiry in the affairs of NRHM in the entire State of U.P. right from the very inception of the NRHM.

We, therefore, direct the Director, CBI to conduct a preliminary enquiry in the matter of execution and implementation of the NRHM and utilization of funds at various levels during such implementation in the entire State of U.P. and register regular case in respect of persons against whom prima facie cognizable offence is made out and proceed in accordance with law. The preliminary enquiry shall be conducted from the period commencing year 2005-06 till date....."

5. In compliance of the directions issued by this Court, the CBI, after making preliminary inquiries, registered FIR bearing RC No.01(A)/2012 dated 02.01.2012 in the matter of irregularities in utilization of funds all