1 cr.w.p.2913-2009 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2913 OF 2009 Shyamsundar M. Keshkamat ..Petitioner Vs. State of Maharashtra (through CBI ACB, Mumbai) ..Respondent Mr. Mahesh Jethmalani, Senior Advocate i/b..Rahul Moghe, for the Petitioner. Mr. J.P. Yagnik, APP for the State. Mr. A.S. Gadkari with Mr. Kiran J. Kandpile for respondent No.2. Mr. SureshKumar , for CBDT. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 13th August, 2010. P.C. 1. Mr. Jethmalani, the learned Senior Advocate with Mr. Rahul Moghe for the petitioner has placed before us a copy of the communication dated 12th August, 2010 addressed to Mr. Suresh Kumar, the learned Advocate for the C.B.D.T., by the Director of Income-tax, Western Region, Mumbai. 2 cr.w.p.2913-2009 Paragraph 3 of the said communication reads as under:- “3. This to further inform you that the Central Vigilance Commission vide its O.M. No.009/ITX/036 dated 11.08.2010 has advised that the case of Shri S.M. Keshkamat, Addl. CIT, is not a fit case for launching of prosecution. The CVC has concurred with the view of the Department in this regard. Therefore sanction for prosecution u/s.19 of the Prevention of Corruption Act, 1988, is not being issued in the case of Shri S.M. Keshkamat, Addl. CIT. Copy of the CVC’s O.M., is enclosed herewith for reference. 2. Communication dated 11th August, 2010 addressed by the Central Vigilance Commission to Dr. Sudha Sharma, CVO in paragraph 2 states as under:- “Considering the facts & circumstances of the case, the Commission after joint meeting with CBI and the administrative authorities advised that it is not a fit case for launching of prosecution. Accordingly, the Commission advises RDA for major penalty proceedings against Shri S.M. Keshkamat, Addl. CIT.” Hence this petition will have to be allowed in so far as the petitioner’s prayer to quash the FIR registered on 24th February, 2009 as against him, with the Superintendent of Police, C.B.I., A.C.B., and consequently this petition 3 cr.w.p.2913-2009 succeeds. The F.I.R. No.RC/BA1/2009/A0012-Mum dated 12th February, 2009 registered by Mr. A.D. Modak, Superintendent of Police, C.B.I., ACB is hereby quashed and set aside only qua the petitioner. (ANOOP V. MOHTA,J.) (B. H. MARLAPALLE, J.)