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17. Learned counsel for the complainant has reiterated the argument with respect to deemed sanction upon which the prosecution against the appellant was proceeded with and has submitted that the letter of BIS which expressly refused to grant sanction was issued beyond the stipulated period for granting sanction and therefore it does not amount to a denial of sanction for prosecution. Learned counsel has placed reliance on the judgment of this Court in Subramanian Swamy vs. Manmohan Singh, (2012) 3 SCC 64 [“Subramanian Swamy”], to contend that if no decision is taken by the sanctioning authority, then at the end of the extended time limit, sanction will be deemed to have been granted to the proposal for prosecution. It was further submitted that the issue of sanction may be raised by the appellant either at the stage of cognizance or at any subsequent stage of the trial, so as to contend that since the cognizance has now been taken in the matter, the plea of sanction for prosecution may be taken by the appellant before the trial court when they appear in compliance with the summons or at the stage of discharge. Thus, there is no occasion to examine the issue of sanction for prosecution during the exercise of the powers under Section 482 of the CrPC.

31. Similarly, learned counsel for the complainant had placed reliance on the judgment of this Court in Subramanian Swamy to lend credence to the argument of deemed sanction for prosecution. However, even the said judgment does not in any manner lay down the notion of deemed sanction. First, the said judgment dealt primarily with the Prevention of Corruption Act, 1988 and the sanction for prosecution under that Act. Secondly, G.S. Singhvi, J. while penning his separate but concurring opinion in the said judgment, had given some guidelines for the consideration of the Parliament, one of which is to the effect that at the end of the extended period of time limit, if no decision is taken, sanction will be deemed to have been granted to the proposal for prosecution, and the prosecuting agency or the private complainant will proceed to file the chargesheet/ complaint in the court to commence prosecution within fifteen days of the expiry of the aforementioned time limit. However, such a proposition has not yet been statutorily incorporated by the Parliament and in such a scenario, this Court cannot read such a mandate into the statute when it does not exist.