IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39554 of 2010 AKHILESH KUMAR SHARMA S/O LATE KEDAR NATH SHARMA R/O VILLAGE- GORHNA, P.O.- NEORA, P.S.- BIHTA, DISTRICT- PATNA ………….Petitioner Versus THE STATE OF BIHAR THRU.VIG. BIHAR, PATNA …………..Opposite Party ----------- 2. 11.03.2011 Heard the parties. The petitioner has sought quashing of the order dated 14.5.2007 passed by Special Judge, Vigilance-I, Patna in Special Case No. 19/2007, by which cognizance has been taken. It has been submitted that on two occasions cognizance was taken and on the earlier occasion cognizance was taken only under the offences of the Indian Penal Code, whereas after sanction cognizance was taken under the provisions of Prevention of Corruption, Act and therefore, the First Information Report is fractured and the case should not continue. The next submission is that it is the law department which has given sanction even though it is not the Appointing Authority. On the other hand, the learned counsel for the Vigilance submits that the exercise of taking cognizance is merely an application of mind and the 2 order of cognizance cannot be assailed on the ground that a second cognizance has been taken. The next submission is that under the rules of Executive Business the law department has been delegated power to grant sanction for prosecution of a public servant. Considering the same, I am not inclined to interfere in the matter. The application is dismissed. Fahad. ( Anjana Prakash, J.)