AMAR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

(2.) This application has been filed for quashing the order, dated 25.8.2008 passed in Special Case No. 18/2004, arising out of Vigilance PS Case No.16/2004, by the Special Judge Vigilance I, Patna by which cognizance has been taken for the offences under sections 120B, 109, 420, 465, 467, 468 and 471 of the Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 against the petitioner and one Awdhesh Kumar Singh. By the said order the court has upheld the submissions made by the Special Public Prosecutor that there is no need to take sanction for prosecution against the petitioner on the basis of the noting of the Investigating Officer that no sanction is required.

(3.) That question which have arisen in this case are :