Major Himanshu Mishra v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO. 286 OF 2025 ALONGWITH REVISION APPLICATION NO. 285 OF 2025 Major Himanshu Mishra ...Applicant Vs.

Union Of India

...Respondent

***** Rangan Majumdar a/w Tanay Mandot a/w Sandeep Raman Advocate for the Applicant SPP Amit Munde a/w Adv.

Jai Vohra Advocate for the Respondent-CBI, ACB (Mumbai) Mr. N. B. Patil APP for the Respondent-State Mr. D. P. Singh Advocate for the Respondent No. 1 in both matters.

***** CORAM :

S. M. MODAK, J.

DATE :

06th AUGUST 2025 P. C. :- 1.

Heard learned Advocate for the Applicant.

2.

Two orders are under challenge. One is taking on record sanction at belated stage. My attention is invited to the third proviso to Section 19 of the Prevention of Corruption Act which mandates obtain by SEEMA KSHITIJ YELKAR Date:

2025.08.12 11:42:58 +0530 SEEMA KSHITIJ YELKAR 1/3

sanction within initial period of three months and within the extended period of one month. The another revision is challenging the order of not discharging the Applicant. During arguments, he raised the following points :- (i) Not obtaining the sanction under Section 197 of the Criminal Procedure Code.

(ii) Sanction given under Section 19 of the Prevention of Corruption Act at the belated stage.

(iii) There is absolute no evidence about demand. (iv) There is no evidence about Criminal conspiracy. 3.

He has tendered compilation of the judgments. It is taken on record. He has read over the following judgments:- (i) A. Srinivasulu Vs. The State Rep. By the Inspector of Police passed by the Hon'ble Supreme Court in Criminal Appeal No. 2417 of 2010, dated 15.06.2023. (ii) Rakesh Bhatnagar Vs. CBI passed by the Hon'ble Supreme Court on 22.11.2023.

(iii) Krishna Kumar Vs. CBI passed by the Hon'ble Supreme Court in Crl. M.C. No. 3481 of 2018, dated 2/3

21.08.2024.

4.

Stand over to 08th September 2025 for hearing the CBI arguments.

[S. M. MODAK, J.] 3/3