IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3184 of 2011 DAVESH CHANDRA SAXENA s/o Late Saryu Prasad Saxena, R/o Mohalla- Postal Park, Road, No.1, Near Postal Part, Post Office, P.S.- Kankarbagh, District- Patna. …Petitioner Versus THE STATE OF BIHAR THROUGH VIGILANCE …OP ----------- 3/ 14.02.2011 Heard the parties. The petitioner has sought quashing of the entire proceeding in Special Case No. 30 of 1988 pending before the Special Judge II, Vigilance, Patna, on the ground that no sanction under section 197 Cr. P. C. and section 19 of the Prevention of Corruption Act, 1988, has been obtained. However, during argument, the petitioner confined his prayer to seeking quashing only on the ground that no sanction had been obtained under section 197 Cr. P. C. The prosecution case is that the petitioner by his lapse in official duty had caused loss of Rs.4900/- to the government exchequer. The case was instituted on 22.8.1988, whereafter charge- sheet was submitted on 30.06.1992 and the police papers were supplied in the year 2007, whereas, charges were framed on 10.12.2008. After examination of the witnesses, case of the prosecution was closed on 06.08.2010 and the statement of the accused was recorded under section 313 Cr. P. C. on 09.08.2010, whereas, the defence was closed on 2.10.2010. This application has been filed on 24.01.2011 seeking quashing on the question of sanction. 2 Considering that the petitioner has been charged also under the various offences punishable under the provision of Prevention of Corruption Act as also that the trial is at the fag ended I am not inclined to interfere in the matter. However, it will be open to the petitioner to raise this point at the stage of argument since in the facts of this case such an issue can be determined only at that stage. With this observation, the application is disposed of. JA/- (Anjana Prakash,J.)