"In the absence of prosecution of the IPS officer, Radhakrishnan, who is stated to have leaked out the question paper to various persons, there is no scope to frame charge for conspiracy," Justice S Nagamuthu said.
The five constables had challenged a CBI court's order declining to discharge them from the case in connection with two question paper leak scams with regard to recruitment of 1997 Grade II constables in Tamil Nadu in 2005.
Justice Nagamuthu, before whom the criminal revision petition filed by the constables came up last week, observed "though there were very strong allegations made against T Radhakrishnan IPS and others available, they have been left out from the prosecution."
The government ordered a probe which was initially handled by CB-CID before being handed over to CBI.
When the case came up, the judge asked CBI if the agency intended to conduct any further investigation in the matter so as to collect further material and prosecute all the people who were responsible for the serious crime.
The CBI prosecutor told the court that it would not be possible to collect any further materials and doing further investigation would be only a wasteful exercise.
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