Judgment M. P. Yarma, J. 1. This is an application for quashing of the order dated 24th of April,1978, passed by the Sub-divisional Judicial Magistrate, Jehanabad in Complaint Case no. C/136 of 1977, by which the learned Magistrate has taken cognizance of the offence under Sec.161 of the Indian Penal Code aginst this petitioner. 2. It is said that this petitioner is an Inspector of Excise. On 3rd of november, 1977, he arrested Pyarchand Sao and Myachand Sao, residents of village Usri under P. S. Karpi in the district of Gaya on a charge of carrying on business of illicit distilation which is an offence punishable under Sec.47 of the bihar and Orissa Excise Act. The opposite party happens to be the maternal uncle of Pyachand Sao and Myanchand Sao. On getting information of their arresi, the opposite party met the petitioner some time on 4th November, 1977 and requested him for the release of both Pyachand Sao and Myanchand Sao. It is said that the petitioner demanded an illegal gratification of Rs.200 for showing favour forj their release but the talk could not take final shape. On the day following i. e. on the 5th November, 1977, the opposite party again went to him with the bailors and asked for the release of the aforesaid two persons. The petitioner did not agree and again demanded Rs.200 and in case of non payment, he threstened that he would beat him and threatened that he would have no trace jof his bones and humiliated him before the public. 3. They provoked the opposite-party to file a petition of complaint in the court of Subdivisional Judicial Magistrate who after an enquiry under Sec.202 of the Code of Criminal Procedure took cognizance of the offence under Sec: 161 of the Indian Penal Code against the petitioner by order dated 24-4-1978 and issued processes against the petitioners. 4. In this application a short point which has been raised by the counsel for the petitioner for consideration by this court, is whether the provisions as laid down under Sec.6 of the Prevention of Corruption Act, 1947, puts a bar in taking cognizance of the offence punishable under Sec.161 of the Indian penal Code for prosecution under this charge. There requires an Order of sanction. There requires an Order of sanction. Grant of sanction is a condition precedent, in absence of which the impugned order is bad and is fit to be quashed. 5. Learned counsel for the opposite party has however conceded that the order suffers for want of sanction as required under Sec.6 of the Prevention of corruption Act, 1947. At the same time it has also been contended that allegations made out in the petition of complaint make out a case under Sec, 385 of the Indian Penal Code as well. It has been argued that learned Subdivisional judicial Magistrate took cognizance of facts constituting offence as alleged in the petition of complaint and it was not necessary for the Magistrate to mention sec.161 of the Indian Penal Code. In other words it has been contended that even if the case under Sec.161 of the Indian Penal Code the entire order cannot be deemed to be bad in law in view of the fact, that the allegations disclose an offence under Sec.385 of the Indian Penal Code as well Learned counsel has taken me through the petition of complaint and on perusal thereof, I feel that the statements with regard to giving threats to the opposite party is a short of embellishment, inasmuch as, the facts alleged do not make out a case under Sec.385 of the Indian Penal Code. 6. Since grant of sanct/on is a condition precedent and the court has got to take a strict legal view of the matter, and that in absence of widen, the application must succeed. In the result the order dated 24th April, 1978 taking cognizance of the offence under Sec.161 of the Indian Pedal Code against the petitioner and issuing processes for summoning the petitioner is hereby set aside. However, it is made clear that the opposite party, if so advised, may obtain sanction and proceed with the case and the court below in such a circumstance will proceed and dispose of the matter according to law. Petition allowed.