STATE OF BIHAR AND ORS. Vs. RAJMANGAL RAM

JUDGEMENT

(1.) LEAVE , as prayed for, is granted in both the matters.

(2.) THE two appeals are by the State of Bihar against separate orders (dated 23.03.2012 and 03.03.2011) passed by the High Court of Patna, the effect of which is that the criminal proceedings instituted against the Respondents under different provisions of the Indian Penal Code as well as the Prevention of Corruption Act, 1988 have been interdicted on the ground that sanction for prosecution of the Respondents in both the cases has been granted by the Law Department of the State and not by the parent department to which the Respondents belong.

(3.) THOUGH learned Counsels for both sides have elaborately taken us through the materials on record including the criminal complaints lodged against the Respondents; the pleadings made in support of the challenge before the High Court, the respective sanction orders as well as the relevant provisions of the Rules of Executive Business, we do not consider it necessary to traverse the said facts in view of the short question of law arising which may be summed up as follows: