IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20627 of 2008 GULAB NATH SINGH Versus THE STATE OF BIHAR THROUGH THE VIGILANCE DEPTT.,BIHAR, PATNA ----------- 7. 27.8.2008. This application has been filed for quashing the Vigilance Case No.21 of 1994 registered on 19.7.1994 under sections 409, 420, 467, 468, 471, 477, 120 of the Indian Penal Code and Sections 13(2),13(1)(d) of the P.C.Act,1988. Learned counsel for the petitioner submits that although the charge sheet has not been submitted in this case. He apprehends that he will be arrested and also prays that the entire vigilance case should be quashed on the ground that the Vigilance Department has approached the Government for grant of sanction on two occasions, but the Government has rejected the grant of sanction as far as the petitioner is concerned. Mr. Rakesh Kumar appearing on behalf of the Vigilance Department submits that the petitioner has no locus standi to challenge the vigilance case as he has not been charge sheeted or made accused in the case till now. It is further submitted that the Vigilance Department vide letter no.160 dated 17.6.2003 has approached the Chief Secretary, Bihar, Patna for sanction. It is further been submitted on behalf of the Vigilance Department that in fact there is no warrant of arrest against the petitioner and merely because the Investigating Officer visited the house of the petitioner for seeking certain informations, it can not be concluded that the petitioner should apprehend his arrest. - 2 - Learned counsel for the petitioner on the other hand, submits that the request for sanction vide letter no. 272 dated 17.3.1999 and letter no.1334 dated 4.12.2002 has been rejected vide letter no.1213 dated 19.8.2006, and as such, the submission made by the counsel for the Vigilance Department regarding aspect does not appear to be correct. Considering the entire facts of the case, I do not think that this is a case where this Court can exercise its jurisdiction under Section 482 of the Code of Criminal Procedure and quash the vigilance case, however, since the petitioner has not been charge sheeted as yet, and, also since there is no order sanctioning his prosecution, I direct that no coercive steps should be taken against him. This application is disposed of with the aforesaid observations. U.K. (Sheema Ali Khan,J)