JUDGMENT

N. Pandey, J. - This is an application under section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') wherein the petitioner has prayed for quashing an order dated 27.9.1991 whereby the Special Judge, Vigilance, has taken cognizance of the offence under section (2) of the Prevention of Corruption Act and also under section 161 of the Indian Penal Code.

2. The learned Single Judge on 25.3.1992 after noticing that there are important questions of law involved, has referred this case to a Division Bench. Accordingly, this, application was placed before us for hearing.

3. In order to appreciate the questions involved, it would be appropriate to notice a few facts.

On 21.5.1985, at the instance of the District Magistrate, Begusarai, a case under section 161 of the Indian Penal Code and under section 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the 'Old Act') was instituted ageist the petitioner. After close of investigation, and on the basis of sanction accorded under section 6 of the Old Act, charge sheet was submitted. Thereafter, on 1.4.1987, cognizance of the offence was taken and accordingly, on 29.1.1988, charges