IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21651 of 2010 RAM NARESH PASWAN SON OF SHIBU PASWAN, RESIDENT OF VILLAGE SHANKAR BATHANI, P.S. BATHANI, DISTRICT GAYA ….. PETITIONER Versus STATE OF BIHAR ----------- 2. 25.2.2011 The petitioner has sought quashing of the order dated 4.4.2007 passed by the Special Judge, Vigilance, North Bihar, Muzaffarpur in Special case No.45 of 2006, by which he has taken cognizance u/ss. 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. The petitioner is aggrieved because the sanction order does not disclose in exercise of what powers the sanctioning authority was granting the sanction. The learned Counsel for the petitioner submits that in similar circumstances the case of the co-accused has been quashed by this Court vide Cr.Misc.No.26345 of 2008 by an order dated 22.12.2009. He further submits that there is no allegation that the petitioner accepted the bribe nor was there any recovery from his possession. It is well known that the order of sanction does not require a fixed format and, all that it must reveal is, that there was an application of mind to the facts of the case as to whether the accused needs to be put on trial. Since the sanction order here clearly reveals such an application of mind, I am not inclined to accept the argument advanced on behalf of the petitioner on this point. Further the reliance - 2 - of the petitioner on the decision of this Court in Cr.Misc.No.26345 of 2008 is also rather misplaced since in the case of Dr. Sudesh Prasad the sanctioning authority had mentioned that he was exercising its power u/s.197 Cr.P.C. while granting sanction for prosecution under the Prevention of Corruption Act which showed a total non- application of mind more so because it is well known that the powers u/s.197 Cr.P.C. and the Section 19 of the Prevention of Corruption Act operate on different areas. As for the controversy with regard to factual matters, it cannot be considered at the stage of cognizance. Therefore, I see no merit in the application at this stage. The same is dismissed. Narendra/ ( Anjana Prakash, J. )