IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.708 of 2009 MURALI DHAR PANDEY Versus STATE OF BIHAR & ORS 2 29.6.2010 KHAN The petitioner seeks quashing the order dated 28.2.2007 issued by the Secretary, Law Department, Government of Bihar communicating the decision of the Government of Bihar whereby sanction has been accorded for prosecution against the petitioner in connection with Vigilance P.S. Case No.06/03 dated 4.2.2003 under sections 420, 467, 468, 471, 120B, 109, 201, 424, 477A of the Penal Code and sections 13(2) and 13(1)(d) of the Prevention of Corruption Act. The petitioner assailed the aforesaid order on two counts; firstly the State of Bihar is not competent to accord sanction order and secondly the authorities should not have accorded sanction pending investigation. A similar issue fell for consideration before this court in Cr.W.J.C.No.565 of 2008, whereby this court observed that as the investigation is still pending, the application for quashing the sanction order is pre mature as charge sheet may or may not be submitted and the challenge to validity of the sanction may only arise for consideration thereafter. In the aforesaid circumstances, this writ petition is permitted to be withdrawn in the light of the aforesaid observations made in Cr.W.J.C.No.565 of 2008 with liberty to the petitioner to assail the grant of sanction after completion of the investigation. (S.P.Singh,J) 2