appln159-11.sxw jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 159 OF 2011 IN CRIMINAL APPLICATION NO. 385 OF 2010 IN CRIMINAL APPLICATION NO. 2796 UOF 2010 Central Bureau of Investigation .. Applicant Versus Manoj Malavia and another .. Respondents Mr. D. N. Salvi a/w R. Sudhakar, DLA and Mandar Goswami for the Applicant-CBi Mr. Pranav Badhekar i/by Mr. S.N. Raj for Respondent No.1 Mrs. U. V. Kejriwal, APP for Respondent no.2-State CORAM : J.H. BHATIA, J. DATE : 6th May, 2011. P.C.: 1. According to the CBI, investigation is now completed and prays that charge sheet may be allowed to be filed. However, the learned public prosecutor concedes that the sanction for prosecution of the accused under section 19 of the Prevention of Corruption Act is yet to be obtained and the matter is pending before the competent authority. In view of this, the present application is premature. 2. The application stands disposed of accordingly with liberty to file a fresh application after the sanction for prosecution under section 19 of the Prevention of Corruption Act is accorded. 1 appln159-11.sxw 3. CBI shall also be at liberty to obtain necessary certificate from the Department of Personnel, Government of India, as to whether the accused petitioner Manoj Malavia was or was not holding the position equivalent to Joint Secretary to Government of India when the investigation was commenced. ( J.H. BHATIA, J. ) 2