HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1166/2008 Kapil Dev Sharma ----Petitioner Versus State And Anr ----Respondent For Petitioner(s) : Mr. Shivam Sharma For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 10/09/2025 Learned counsel for the petitioner Mr. Shivam Sharma, appears on behalf of the learned senior counsel Mr. Biri Singh Sinsinwar. The matter is pending since long. Last opportunity is granted to learned counsel for the petitioner and learned Public Prosecutor to argue the case. Learned Public Prosecutor has submitted an order dated 16.09.2008 passed in S.B. criminal misc. petition No.1670/2008, whereby, the petitioner's petition under Section 482 of Cr.P.C., was dismissed and the petitioners prayer for quashing the charge- sheet on the basis of withdrawn sanction dated 11.04.2005 was also dismissed. In the aforesaid order, the Co-ordinate Bench held as under: "It is clear from the language of Section 19(1) of the Prevention of Corruption Act as also Section 197(1) Cr.P.C. that the prosecution sanction is required before cognizance is taken and not before filing of the challan. Therefore, the prosecution (2 of 2) [CRLR-1166/2008] agency cannot be restrained from filing the challan in the absence of prosecution sanction. As regards the so called order dated 23.07.2008 (Annex.5) it appears to be a letter and a pair of internal correspondence and such internal correspondence cannot be challenged under Section 482 Cr.P.C." List the matter for final arguments on 17.09.2025. Interim order if any, shall continue till next date of hearing. (PRAVEER BHATNAGAR),J Keshav/19