IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5428 of 2010 MAHENDRA NARAIN MANDAL Versus STATE OF BIHAR & ANR ----------- 4/ 5.7.2010 Learned counsel for the Vigilance wanted yet another adjournment for seeking instruction but considering that in the case of other accused persons of the same status and rank, a bench of this Court has quashed the proceedings against them, I have proceeded to hear the parties and propose to pass the present order. Heard learned counsel for the parties. Perused the order passed in Cr. Misc. No. 39666 of 2007 as contained in Annexure 3 and that order details the whole facts under which the prosecution was launched and the subsequent events for which supplementary chargesheets against different accused persons were filed after lapse of more than 23 years of the institution of the FIR. The bench of this Court appears considering many decision of this Court, specially, Yamuna Pathak Vs. State of Bihar 1994(2) PLJR 96 and considered some decisions of the Supreme Court on belated launch of the prosecution after obtaining belated sanctions. The judgment has discussed the facts and law and the ramification of the decisions and, thereafter, went on to quash the criminal prosecution launched against those accused persons. Undisputedly, the petitioner’s case also stood on the same footing and he also belonged to the same class of employee as that of the petitioners of that particular judgment. It is not denied that without gathering any further evidence in 2 the pending further investigation the proceeding was initiated by filing a supplementary charge sheet after obtaining sanction to prosecute after more than 23 years. Following the decision of the bench, which is Annexure 3 to the present petition, the prosecution as against the present petitioner is also quashed. The petition stands allowed. Anil/ ( Dharnidhar Jha, J.)