HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9865 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard Shri Santosh Shukla and Shri Brajesh Kumar Mishra, learned counsels for the petitioner, as well as Shri Anurag Kumar Singh, learned counsel for the respondent- CBI. 2. By means of this petition, the petitioner has sought the following reliefs: "i. Issue a writ order or direction in the nature of Certiorari quashing the First Information Report dated 28.03.2025 bearing Case Crime No.RC0062025A0010, lodged under section 61(2) of BNS r/w Section 7 of P.C Act 1988(as Amended in 2018) and substantive offences thereof at Police Station CBI/ACB/Lucknow, as far as, it relates to the present petitioner, contained in Annexure No.1 to the petition. ii. Issue a writ, order or direction in the nature of Mandamus; commanding the court of Special Judge. CBI-1 Lucknow to stay all the further proceedings continuing against the Petitioner in pursuance of First Information Report dated 28.03.2025 bearing Case Crime No.RC0062025A0010, lodged under Section 61(2) of BNS r/w Section 7 of P.C Act 1988(as Amended in 2018) and substantive offences thereof at Police Station CBI/ACB/Lucknow." 3. At the very outset, learned counsel for the petitioner has drawn attention of this Court towards para-5 of the writ petition wherein he has categorically indicated that although the CBI has filed charge-sheet against the petitioner and two other accused persons, however, in absence Versus Counsel for Petitioner(s) : Brajesh Kumar Mishra, Devansh Mishra, Santosh Kumar Shukla Counsel for Respondent(s) : Anurag Kumar Singh Major Ravi Kumar Singh .....Petitioner(s) Central Bureau Of Investigation Acb Lko. .....Respondent(s) of sanction for prosecution no cognizance has been taken till date by the trial Court, enclosing therewith copy of the charge-sheet dated 27.05.2025 as Annexure-2 to the petition. 4. On account of the aforesaid disclosure, prayer no. 2 has been prayed. 5. Learned counsel for the petitioner has stated that the petitioner is a Garrison Engineer; the alleged incident is of dated 28.03.2025; and the FIR has been lodged on the complaint of one Mr. Pawan Kumar Tiwari, Proprietor, M/s Rudraksh Enterprises, knowing fully well that he was declared L-1 on 23.01.2025, but he could not fulfill the subsequent conditions to get the tender. He has submitted that after lodging of the FIR the petitioner filed bail application and he was released on bail. He has further submitted that the cognizance on the charge-sheet might have not been taken for the reason that sanction for prosecution has not been received. 6. Shri Anurag Kumar Singh, learned counsel for the respondent- CBI has stated that since the petitioner has already been granted bail, after filing of the charge-sheet on which cognizance has not been taken, the petitioner would be having appropriate remedy before the competent court, challenging the cognizance order, if any, or to file discharge application at the appropriate stage but the proceedings, pending before the Special Court, CBI-I, Lucknow may not be set-aside/quashed/stayed in view of the dictum of the Hon'ble Supreme Court in the case of M/s Neeharika Infrastructure Private Limited v. State of Maharashtra, 2021 SCC OnLine SC 315. 7. Having heard learned counsel for the parties and having perused the materials available on record, we find substance in the submission of Shri Anurag Kumar Singh, learned counsel for the respondent- CBI and, therefore, without entering into merits of the issue, we hereby dispose of this writ petition at the admission stage itself, giving liberty to the petitioner to take appropriate legal recourse before the competent court concerned, strictly in accordance with law. November 6, 2025 MVS/- CRLP No. 9865 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench