IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7835 of 2010 SK. GYASUDDIN, S/o Sk. Basiruddin, R/o Village-Lashanpur, P.S.-Dagarwa, District-Purnea. Versus 1. THE STATE OF BIHAR. 2. The Inspector General-cum-Special Secretary, Cabinet Vigilance Department, Bureau of Investigation, Bihar, Patna. ----------- 02. 02.12.2010 The petitioner is aggrieved by the order dated 24.04.2007 passed by the Special Judge, Vigilance, Patna in Special Case No. 18 of 1992/21 of 2005 by which cognizance has been taken under Sections 420, 477A and 120B IPC and Section 5(2) read with Sections 13(i)(d) of the Prevention of Corruption Act. The background of the case is that the petitioner was the Junior Engineer who allegedly defalcated government money. It has been submitted that the petitioner is not named in the First Information Report and when sanction was sought for prosecuting the petitioner the same was refused whereafter on the very same material sanction was granted second time after long lapse of time. The further submission on behalf of the petitioner is that on the very same ground the case of co-accused Madhusudan Mukherjee and Shankar Prasad Sahu was allowed by this Court order dated 31.03.2010 vide Cr. Misc. No. 39666 of 2007. The counsel for the Vigilance does not contest this proposition. Considering that the case of the petitioner is exactly similar to the one who have granted relief by this Court, I am 2 inclined to allow this application. The proceeding as far as it concerns the petitioner in Special Case No. 18 of 1992/21 of 2005 is hereby set aside. The application is allowed. Vikash/- (Anjana Prakash, J.)