IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5182 of 2008 DR. RAJENDRA DAS, S/O LATE JAGDANAND DAS, R/O VILLAGE MALKAUR, P.S. PUSA, DISTRICT SAMASTIPUR, AT PRESENT ADDL. CHIEF MEDICAL OFFICER, PURNEA .. PETITIONER Versus 1. THE STATE OF BIHAR THROUGH VIGILANCE BUREAU, PATNA 2. NARENDRA PRASAD SINGH, S/O LATE RAM CHARITRA PRASAD SINGH, DY. S.P. VIGILANCE BUREAU, MUZAFFARPUR RANGE, CAMP PATNA OPPOSITE PARTIES **** /16/ 11 February 2011 On hearing the parties, we find that admittedly sanction has been accorded for prosecution, so far as this petitioner is concerned. In that view of the matter, the issue as to whether sanction was necessary or not for prosecution is not found relevant to be decided in this case. The learned single Judge while referring the matter to Division Bench noticed certain judgments of the Supreme Court to the effect that the requirement of sanction for prosecution could be agitated and examined by the Court from stage-to-stage of the proceedings. That law remains well settled and the fact that there exists an order of sanction in the present case, so far as the petitioner is concerned, makes it unnecessary for us to consider whether it is proper 2 stage for raising the issue of sanction or not. So far as case of co-accused, Dr. Jagdish Singh is concerned, learned counsel for the parties agree that there have been subsequent developments in that case and the matter is still subjudice before this Court. Hence, it would not be proper for this Court to comment or consider the case of Dr. Jagdish Singh in the present proceeding. Since, the main ground for seeking quashing of the criminal prosecution now no longer exists and admittedly sanction has been accorded, this quashing application is dismissed. S.A. (Shiva Kirti Singh, J.) ( Gopal Prasad, J.)