IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44075 of 2008S Dr.Jagdish Singh,Son of Laste Brahmdeo Singh R/O Khwaispur, P.s.Pirpainti, Dist-Bhagalpur. — Petitioner. Versus THE STATE OF BIHAR THROUGH VIGILANCE INVESTIGATIONG BUREAU,GOVT.OF BIHAR, PATNA.-------Opp.Party. ----------- For the petitioner : Mr. B.P.Pandey, Senior Advocate For the O.P. : Mr. Rakesh Kumar, Special P.P. --------- 4. 06.5.2009. Heard learned counsel for the parties. Petitioner, in the present application, prays to modify the order dated 30.7.2008 passed in Cr.Misc.No.28903 of 2008 by a learned Single Judge of this Court directing prosecution of the petitioner. It appears that cognizance was taken in Vigilance Case No.4 of 2004 for offences under section 420,465,467,468,477A,109, 120B of the Indian Penal Code and section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act against the petitioner and being aggrieved by said order, he filed Cr.Misc.No.4443 of 2008 for quashing of the same in which a Single Judge of this Court, passed the order dated 10.3.208 quashing the order dated 30.7.2008 in the following order: “In the facts and circumstances, it is an undisputed fact that impugned order of cognizance could be said to have been passed 2 without obtaining any sanction order against this petitioner, which is barred under section 19 of the Prevention of Corruption Act. In the fact and circumstances, all these matters are left for due consideration at the appropriate stage, if and when occasion arises after receipt of such sanction order. For the present, since the impugned order of cognizance said to have been passed without any sanction order, the same is not sustainable in law so far this petitioner is concerned. So, the impugned order stands quashed so far this petitioner is concerned with the liberty to both the parties to agitate the matter after receipt of the sanction order in the court below.” After passing the above order, Vigilance Department filed another application under Section 482 of the code of Criminal Procedure for amendment in the order dated 10.3.2008 passed in Cr.Misc.No.4443 of 2008 as it was reported that the sanction order has been received in the Court of Special Judge. The learned Single Judge, by order dated 30.7.2008, modified its order of quashing in the following words: “In the result, in last two paragraph of order dated 10.3.208 passed in Cr.Misc.No.4443 of 2008 is recalled and modified to the extent that in place of “the impugned order stands quashed so far this petitioner is concerned, with the liberty to both the parties to agitate the matter after receipt of the sanction order in the court below be read as “the court below is directed to proceed against the petitioner Dr.Jagdish Singh in accordance with law in view of order dated 20.11.2007 passed in Special Case No.1 of 2004 in vigilance Case No.4 of 2004.” 3 Thereafter, this application has been filed by the petitioner to modify the order dated 30.7.2008 stating therein that the aforesaid order has been passed without notice to him and amounted to review of the earlier order in complete violation of Section 362 of the Cr.P.C. In our view, this is an academic question. When the order taking cognizance was passed, sanction order was there. Even in the original order in C.W.J.C.No.4443 of 2008, it has been mentioned that the petitioner can be prosecuted if there is sanction order. Hence, since the order taking cognizance was passed sanction order was there, the petitioner can be prosecuted. As such, the order dated 30.7.2008 needs no modification as we are not sitting in appeal over to order passed on 30.7.2008. We find no merit in this application considering the facts of the case and it is disposed off accordingly. ahk (J.B. Koshi, CJ) (Dr.Ravi Ranjan,J.)