IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12712 of 2008 RAMESH KUMAR, son of Late Udit Narayan Purve, village Rampur Parori, PS Dumra, district Sitamarhi, posted as Maintenance Technician, Indira Gandhi Science Complex, Planetarium, Patna, residing at House No. 14, Kidwaipuri, PS Kotwali, district Patna. Versus THE STATE OF BIHAR THRU. VIG. ----------- 3 24.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 27.7.2007 and 18.8.2007 passed by the Special Judge Vigilance I, Patna in Special Case No. 42/2007, arising out of Vigilance PS Case No. 69/2007, by which cognizance for offences under sections 409 and 120B of the Penal Code and sections 7, 8, 13(2) read with section 13(1)(d) of the Prevention of Corruption Act has been taken. I may point out here that the petitioner was caught taking a bribe of Rs. 25,000/- in the trap arranged by the Vigilance Department. Learned counsel for the petitioner has tried to show to this court that there are several anomalies in the manner in which the trap was conducted which will go to show that the case has been fabricated to implicate this petitioner. These aspects of the matter cannot be considered at the stage of taking cognizance. It would require that evidence is led in the case to bring out the anomalies as mentioned by counsel for the petitioner. At this stage counsel for the petitioner submits that the 2 order of cognizance is based on the ground that the sanctioning authority is not the appointing or dismissing authority of the petitioner. In view of the provisions of section 19(4) of the Prevention of Corruption Act, this cannot be the ground for quashing the proceeding, as it is a mere irregularity, which can be set aright by the Vigilance Department. For the reasons aforesaid I find no merit in this application. It is accordingly dismissed. haque (Sheema Ali Khan, J.)