1. Heard learned counsel for the petitioner as well as the State.

2. This application under Sec. 482 of the Cr.P.C. has been filed to quash the order dated 30.6.2003 passed by Special Judge, Economic Offence, Patna thereby and thereunder the cognizance under Sec.220(3) of the Companies Act, 1956 has been taken against this petitioner and two others.

3. The learned counsel for the petitioner has challenged the impugned order of cognizance mainly on two grounds. It has been submitted that the petitioner was a Government servant and at the relevant time he was a Director in Bihar State Food and Civil Supplies Corporation Limited. The court below has taken cognizance in violation of Sec.197 of the Cr.P.C. Sec.197 of the Cr.RC. postulates that no courts shall take cognizance without prior sanction of the State Government but the court below has taken cognizance without obtaining sanction order. In support of it the learned lawyer for the petitioner relies upon a decision of the Supreme Court reported in 2006(1) SCC page 557.

4. The other submission of the learned counsel for the petitioner is that the cognizance taken against the petitioner is barred under Sec. 468 of the Cr.RC.