IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 1057 of 2011 Raj Bahadur S/o Late Shri Ram Swaroop R/o Quarter No.3, Type-IV Income Tax Colony, 6-A Laxmi Road Dehradun , District Dehradun permanent address K-3311, Shastri Nagar , Meerut (U.P) ……………….Petitioner Versus 1. Central Bureau of Investigation through Superintendent of police C.B.I/S.P.F, Dehradun District Dehradun 2. Dr. Vinayak Badoni S/o Late Dr. K.N.Badoni R/o 22/10 Dr. K.N. Badoni Marg Vikas Nagar, Dehradun PIN-248198, Office Shanidham Ashram, Bhimawala, Vikas Nagar District Dehradun ………….....Respondents Shri Sandeep Tandon, Advocate, present for the petitioner Shri Arvind Vashisth, Advocate, present for respondents Hon’ble Prafulla C. Pant, J. 2 Heard. (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of the C.B.I. Case No. 09 of 2011, C.B.I. vs. Raj Bahadur, pending in the court of Special Judge, Anti Corruption (CBI), Dehradun, relating to offences punishable under section 7 and 13 (2) read with section 13 (1) (d) of Prevention of Corruption Act, 1988. (3) Learned counsel for the petitioner drew attention of this court to the case of Himachal Pradesh vs. Nishant Sareen (CRLA No. 2353 of 2010) decided by the apex court on 9th of December, 2010, and it is argued that the sanction once refused, can not be granted thereafter on the same material, for prosecution. (4) It is a trap case. It does not appear that earlier authority has declined the sanction, as alleged by learned counsel for the petitioner. In view of the provision contained in Clause (C) of 3 Sub Section (3) of section 19 of Prevention of Corruption Act, 1988, this court is not inclined to interfere with the trial of the case. (5) Therefore, without expressing any opinion as to final merits of the case, this petition under section 482 of Cr.P.C., is dismissed summarily, with the observation that petitioner is at liberty to raise the defence pleas before the trial court, including one relating to sanction for prosecution. (Prafulla C. Pant, J.) Dt.22.11.2011 N.P