IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26844 of 2009 Kamlendra Kumar Suman S/o Late Sudarshan Prasad, Deputy Registrar, Lalit Narayan Mithila University, R/o village- Mori, P.S.-Raghunathpur, Dist.-Siwan at present residing at Denvi Road, Ward No.6, P.S.- Lalit Narayan Mithila University, District-Darbhanga …Petitioner Versus The State Of Bihar through the State (Cabinet), Vigilance Bureau, Bihar, Patna …OP ----------- 2/ 18.07.2011 Heard the parties. The petitioner seeks quashing the order dated 10.08.2007 passed in Special Case No.11/99 by which it has taken cognizance under the various provisions of the Indian Penal Code. It has been submitted that admittedly the petitioner was working as Deputy Registrar III, Lalit Narayan Mithila University, and in his tenure present occurrence is said to have taken place and, therefore, it was essential that sanction should have been taken for his prosecution. Counsel for the petitioner submits that in absence of sanction by the official authority, cognizance should not have been taken under the provisions of the Indian Penal Code. On going through the order impugned, I find that cognizance has been taken only under the provisions of the Indian Penal Code and not under the provisions of Prevention of Corruption Act since the Court was conscious that sanction sought for prosecution of the petitioner had not yet been granted. Considering that the question whether sanction was required is a mixed question of law and facts and even later it can be demonstrated that the petitioner in discharge of his official duties 2 has committed the present occurrence and, therefore, sanction was required as also no prejudice having been caused to him in prosecution on account of non-sanction is demonstrated, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash,J.)