MRIDULA MISHRA, J.

1. Petitioner Lalan Prasad Singh has preferred the present petition for quashing the order sanctioning his prosecution which is dated 12.2.2007, contained in Annexure-10, in respect of R.C.-09(A)/2001-PAT, pending in the court of the learned Special Judge, C.B.I., North Bihar, Patna.

2. The petition was heard by a learned Single Judge of the Court and while passing the order dated 18.11.2008, the learned Judge, after noticing the facts of the case and some of the laws governing the field of sanctioning prosecution under the Prevention of Corruption Act, directed placing of the present petition before a Division Bench of the Court, for deciding as to:-

(i) Whether refusal to grant sanction, as contained in Annexures-7,8 and 9, were mere opinions and thus, were covered by an earlier decision of the Court in Om Prakash V/s. Union of India reported in 2007(4) P.L.J.R. 243, or

(ii) whether they formed decisions and thus could not come within the ambit of Om Prakash case.

This is on account of the above reference made by the learned Single Judge that the petition has been heard by us and the same is being disposed of by the present order.

3 Annexures-7, is the