1 2025:CGHC:1161 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 33 of 2025 Central Bureau of Investigation Through Head of Branch Anti - Corrupation Branch Chhattisgarh District- Raipur (C.G.) ... Petitioner versus Shri Rajeev Kumar Sinha S/o Late Achutanand Prasad Aged About 42 Years R/o EK - 25/9 Eklavyavihar Sector - 9 Vasundhara Civil and Revenue District - Ghaziabad (UP) ... Respondent For Petitioner : Mr. Vaibhav A. Goverdhan, Advocate. For Respondent : None Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2025 1. Heard Mr. Vaibhav A. Goverdhan, learned counsel appearing for the petitioner. None appears on behalf of the respondent though an advance copy of the present petition has been served on Mr. Kashif Shakeel, learned counsel, who appeared on behalf of the respondent in CRR No.14 of 2015. 2. The present petition under Section 528 of the Bhartiya Nagarik Suraksha Adhiniyam, 2023 has been filed for grant of extension of time for compliance of the orders passed by this Court dated 05.08.2024, 25.09.2024 and 22.11.2024. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.08 18:11:32 +0530 2 3. It transpires from the record that CRR No.14 of 2015 has been disposed of by this Court vide order dated 05.08.2024 by observing as follows :- “8. In view of the same, the said decision shall be taken by the competent authority within a period of four weeks from today and communicate the said order to the trial Court concerned forthwith and after receiving the report of the competent authority for grant of sanction of prosecution of the applicant in the present case, if any, the trial Court thereafter shall proceed with the trial and conclude the same in accordance with law, if so required. 9. With this observation, the present revision petition stands disposed of. 10. The learned counsel for the applicant as well counsel for the Central Bureau of Investigation shall produce a copy of this order before the trial Court as well as the competent authority of the applicant who has to consider and take decision on the grant of prosecution sanction of the applicant in the present case within a period of two weeks from today and for a period of six weeks, the 3 impugned order dated 10-12-2014 passed by the trial Court shall be kept in abeyance, failing which the trial Court is at liberty to proceed against the applicant in accordance with law.” 4. Learned counsel for the petitioner submits that earlier on two occasions, Central Bureau of Investigation has moved an application for extension of time by filing CRMP No.2590 of 2024 and CRMP No.3144 of 2024, which were disposed of by this Court vide orders dated 25.09.2024 and 22.11.2024, respectively and the time was granted to the Central Bureau of Investigating to get the prosecution sanction of the respondent from the competent authority and it is stated that in spite of relevant documents and orders passed by this Court were sent to the Central Vigilance Commission, New Delhi, but no decision has been taken by the competent authority till date, hence, instant application has been moved on the third occasion. 5. I have heard learned counsel for the petitioner and perused the documents as well as orders annexed along with this instant CRMP. 6. Perusal of the record would show that earlier CRMP No.2590 of 2024 has been filed for extension of time for compliance of the order dated 05.08.2024, which was disposed of by this Court vide order dated 25.09.2024, observing as follows :- 4 “1. Heard Mr. Vaibhav A. Goverdhan, learned counsel for the petitioner. 2. This petition under Section 528 of Bhartiya Nagarik Suraksha Adhiniyan 2023 has been filed seeking extension of time for compliance of order dated 05.08.2024 on the ground that though the entire investigation record along with depositions of the witnesses have been submitted to the Sanctioning Authority for passing appropriate order for grant of sanction against the respondent Shri Rajeev Kumar Sinha and the petitioner is making all efforts to obtain the order of sanction for prosecution, but till date sanction has not been granted as it is the prerogative of the competent authority, either to grant sanction or not. 3. Considering the reasons mentioned in the petition, the petitioner is granted further 8 weeks and no more time to comply the order dated 05.08.2024 passed by this Court in CRR No. 14 of 2015 for passing an appropriate order for grant of sanction against the respondent by the competent 5 authority. 4. Accordingly, this Cr.M.P. stands disposed of. 5. Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. ” 7. It is further reflected from the record that another CRMP No.3144 of 2024 has been filed for further extension of time for compliance of the order dated 05.08.2024, which was disposed of by this Court vide order dated 22.11.2024. The said order reads as follows for easy reference :- “1. Heard Mr. Vaibhav A. Goverdhan, learned counsel for the petitioner. Also heard Mr. Kashif Shakeel, learned counsel for the respondent. 2. This petition under Section 528 of Bhartiya Nagarik Suraksha Adhiniyan 2023 has been filed seeking extension of time for compliance of order dated 05.08.2024 on the ground that though the entire investigation record along with depositions of the witnesses have been submitted to the Sanctioning Authority for passing appropriate 6 order for grant of sanction against the respondent Shri Rajeev Kumar Sinha and the petitioner is making all efforts to obtain the order of sanction for prosecution, but till date sanction has not been granted as it is the prerogative of the competent authority, either to grant sanction or not. 3. Learned counsel for the petitioner submitted that this is second time for which the time is being sought for grant of sanction against the respondent by the competent authority and because of some unavoidable circumstances, the same could not be addressed. Hence, he prays for grant of some more time. 4. Considering the reasons mentioned in the petition, the petitioner is granted further 4 weeks and no more time from today to comply the order dated 05.08.2024 passed by this Court in CRR No. 14 of 2015 for passing an appropriate order for grant of sanction against the respondent by the competent authority. 5. Accordingly, this Cr.M.P. stands disposed 7 of. 6. Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance.” 8. As this Court has twice granted extension of time to the Central Bureau of Investigation in this regard and on both the occasions, Central Bureau of Investigation has submitted issue with respect to grant of sanction, which is pending before the Central Vigilance Commission, New Delhi, but no decision has been taken by him. It is evident from the orders dated 25.09.2024 and 22.11.2024 passed by this Court, in spite of stop order, this is third time, Central Bureau of Investigation CBI has filed the application for extension of time to decide the issue of grant of prosecution sanction in the pursuance to the order dated 05.08.2024 passed by this Court. 9. In that view of the matter, Central Vigilance Commission, New Delhi is directed to take decision on the report of the competent authority for grant of sanction of prosecution of the respondent in the present case. 10. As a matter of last indulgence, four weeks and no more time from today is granted to the petitioner i.e. Central Bureau of Investigation to comply the order dated 05.08.2024 passed by this Court in CRR No. 14 of 2015 for passing an appropriate order for 8 grant of sanction against the respondent by the competent authority, i.e. Chief Vigilance Commission, New Delhi as the case is old one pending since 2014, failing which, the consequences will follow as the Central Bureau of Investigation time and again moving the application for extension of time and wasting the precious time of the Court. 11. With the aforementioned observations/directions, instant CRMP is disposed of. 12. The learned counsel for the petitioner/Central Bureau of Investigation shall produce a copy of this order within a week before the Central Vigilance Commission, New Delhi for necessary information and compliance. Learned counsel for the petitioner is further directed to produce a copy of this order to Mr. Kashif Shakeel, whose name has been published in the cause-list on behalf of the respondent. Sd/- (Ramesh Sinha) Chief Justice Anu