Justice Rajesh Dayal Khare dismissed Kushwaha's petition agreeing with the CBI's rebuttal of the former minister's contention that he could not be prosecuted until sanction was obtained from the state government.
The CBI had said that Kushwaha was seeking protection under Section 197 of the Criminal Procedure Code, which was applicable only in case of "public servants" and not a former member of state cabinet.
NRHM scam relates to irregularities in implementation of the centrally sponsored scheme during the previous Mayawati government in Uttar Pradesh.
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