IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5939 of 2010 NARESH PRASAD SINHA, SON OF LATE KAILASH PRASAD SINHA, AGED ABOUT 52, RESIDENT OF VILLAGE GOSHI, P.S. GOSHI, DISTRICT JAHANABAD AT PRESENT QR. NO. B/12, GAGA BRIDGE COLONY, P.S. HAZIPUR, DISTRICT VAISHALI. --- PETITIONER Versus THE STATE OF BIHAR THROUGH VIGILANCE --- OPPOSITE PARTY For the petitioner :- Mr. Laxmi Narayan Das, Advocate Mr. Akhilesh Dutta Verma, Advocate For the Vigilance :- Mr. Arbind Kumar ----------- 3 15.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the Vigilance Department. The order of cognizance has been challenged on the sole question whether the order of sanction contained in annexure-5 could have been issued under Section 197 of the Code of Criminal Procedure for offences committed under the Prevention of Corruption Act. Section 19 of the Prevention of Corruption Act specifically envisages that no Court shall take cognizance of an offence punishable under Sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant and accept the provision of the competent authority. It is apparent that the sanction order has been issued under Section 197 of the Code of Criminal Procedure. The authority issuing the order of sanction is the competent authority and that aspect of the order is not under challenge. It also appears that the authority concerned has applied its mind to the extent that it is conscious of the fact that the petitioner is also accused under Sections 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 but has not passed an order in formal terms under Section 19 of the Prevention of Corruption Act. 2 The authority concerned should cure the defect and pass separate order under Section 19 of the Prevention of Corruption Act. Part of the order dated 25.5.2007 passed in Special Case No. 39 of 2006 by the Special Judge, Vigilance (Trap), Patna taking cognizance under Section 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act shall remain stayed until the proper order is passed under Section 19 of the Prevention of Corruption Act. This application is disposed of in the terms aforesaid. Sanjay (Sheema Ali Khan, J.)