SHASHIKANT MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, who is facing criminal prosecution in Special Case No. 03/2022, pending before Special Judge, (CBI), Jabalpur for offences punishable under Ss. 7, 13 (2) r/w 13(1)(b) of Prevention of Corruption Act, 1988 (hereinafter referred to as 'PC Act') arising out of charge-sheet dtd. 15/7/2022 filed in connection with F.I.R. No. RC0092021A0007 registered by Central Bureau of Investigation, (ACB), Jabalpur (for brevity 'CBI'), has preferred the present petition under Sec. 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') for quashment of charge-sheet and further proceedings solely on the ground that prosecution sanction was rejected twice and thereafter accorded by sanctioning authority based on same material under the advice of Central Vigilance Commission (for brevity 'CVC'), which cannot be treated as valid sanction and vitiates the charge sheet and trial.

(2.) With the consent of the parties, the matter was heard finally.

(3.) Shri Jitendra Kumar Sahu R/o Village Silondi, Tehsil Dhimarkheda, District Katni (hereinafter referred to as 'Complainant') approached Inspector CBI, (ACB), Jabalpur and submitted a written complaint addressed to SP on 21/10/2021, wherein he levelled allegation of demanding bribe of Rs.10,000.00 by Mr. Shashikant Mishra, the then Branch Manager of Central Bank of India, Silondi Branch, Tehsil Dhimarkheda, District Katni (in short 'Petitioner') on 20/10/2021 from his brother Shri Dilip Sahu for processing his application to start a KIOSK (SSP-Small Service Point) of Central Bank of India at village Kachar Gram, which was submitted by Complainant on 5/10/2021. After receipt of complaint, the allegation mentioned in complaint was verified in presence of two independent witnesses and conversation between Petitioner, Complainant and his brother was recorded, transcript was prepared and after due verification and preparation of verification panchnama, F.I.R. No. RC0092021A0007 was registered against Petitioner under Sec. 7 of PC Act.