IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3842 of 2010 KAPILDEO SINGH, SON OF LATE FULCHAND SINGH, RESIDENT OF VILLAGE CHHOTI CHATAIYA, P.O. EKCHARI DIYARA, P.S. PIRPAINTI, DISTRICT BHAGALPUR. ---- PETITIONER Versus THE STATE OF BIHAR THROUGH THE VIGILANCE DEPARTMENT, BIHAR, PATNA. ---- OPPOSITE PARTY ----------- 3 21.5.2010 The petitioner has challenged the order of cognizance dated 19.6.2007, passed by the Special Judge, Vigilance-I, Patna in Special Case No. 12 of 2007 under Sections 7, 8, 13(2) read with Sections 13(1)(d) of the Prevention of Corruption Act, 1988. Learned counsel for the petitioner referring to the order of sanction points out that the sanction order is defective for two reasons. It is firstly submitted that the petitioner was an employee of the Commercial Taxes Department and the recommendation for sanction has not been granted by the said department. It is secondly urged that the sanction ought to have been granted under Section 19 of the Prevention of Corruption Act, whereas sanction has been granted under Section 197 of the Indian Penal Code although cognizance has not been taken under any sections of the Indian Penal Code. This Court in Cr. Misc. No. 36723 of 2009 dated 15.12.2009 and Cr. Misc. No. 26345 of 2008 dated 22.12.2009 has already decided this aspect of the matter and quashed the orders of cognizance on the ground that they are barred by Section 19(1) of the Prevention of Corruption Act. The petitioner has also urged that the entire prosecution is defective inasmuch as no description has been given of the item seized in the post trap memorandum and that the F.S.L. report does 2 not indicate that Phenolphthalein was found on the hand when it was dipped in the said solution. However, this Court cannot interfere and quash the order of cognizance on the points raised on behalf of the petitioner. However, I quash the order of cognizance dated 19.6.2007, passed in Special Case No. 12 of 2007 pending before the Special Judge, Vigilance-I, Patna with leave to the Vigilance Department to take steps to rectify the order of sanction if so advised for the reasons mentioned aforesaid. This application is allowed to the extent mentioned aforesaid. Sanjay (Sheema Ali Khan, J.)