IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46492 of 2009 LAL BABU PRASAD, SON OF LATE HARI SAH, RESIDENT OF VILLAGE PHOOLJHARIA, P.S. BARIA, DISTRICT WEST CHAMPARAN. AT PRESENT OFFICER-INCHARGE, ATRI P.S., P.S. ATRI, DISTRICT GAYA ---- PETITIONER Versus THE STATE OF BIHAR THROUGH VIGILANCE ---- OPPOSITE PARTY ----------- 2 16.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the Vigilance Department. The petitioner has challenged the order dated 17.5.2007 by which cognizance has been taken under Section 7/13(2) read with section 13(1)(d) by the Special Judge, Vigilance I, Patna in Special Case No. 54 of 2006. From annexure-2 which is a sanction order, it appears that the Secretary to the Government, Legal Department granted sanction for prosecution and the petitioner under Section 197 of the Code of Criminal Procedure. It is well settled, that to prosecute a person under the Prevention of Corruption Act, sanction has to be granted under Section 19 of the Prevention of Corruption Act. In the result, I quash the order of cognizance dated 17.5.2007, passed in Special Case No. 54 of 2006. The opposite party has the liberty to proceed in the matter after obtaining the order of sanction. This application is thus disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)