IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46549 of 2009 1. PREM LATA SHARMA W/O DR. MANOHAR LAL R/O MOH. & P.S.- KADAMKUAN, DISTT.- PATNA – Petitioner. Versus 1. THE STATE OF BIHAR THROUGH VIGILANCE – Opposite Party. ----------- 3 25-6-2010 This application has been filed for quashing the order, dated 18.11.2009 and 30.11.2009 passed by the Special Judge, Vigilance I, Patna in Special Case No. 13 of 2004 arising out of Vigilance PS case No. 10 of 2004 whereby and whereunder the petition filed by the petitioner under section 207 of the Code of Criminal Procedure asking for certain documents have been rejected. The petitioner has demanded several documents from the Vigilance Department which are mentioned at page 48 of the brief. On going through the list this court finds that the petitioner has demanded as many as thirty eight documents. The order impugned indicates that the petitioner’s counsel has received the police papers on 7.7.2007. It appears from the list given by the petitioner that several documents which are being demanded are not at all relevant and the petitioner is not entitled to get copy of such documents. Needless to say that the Vigilance Department cannot rely upon such documents if they have not been supplied to the petitioner. However, this court also notices that the petitioner is demanding statement of witnesses examined under section 161(3) of the Cr.P.C. These statements recorded under section 161(3) ought to be part of the police papers and, therefore, if the statements of the 2 witnesses have not been supplied to the petitioner, they should be supplied to the petitioner. With respect to certain other documents (as mentioned in Annexure 4), such as mentioned at item nos. 7, 14, 16, 17, 20, 21, 25, 26, 29, 30, 34, 36 and 37 may be considered by the court below and if they are found relevant for the purpose of disposal of the case, the court below may pass an order asking the Special Public Prosecutor of the Vigilance Department to supply copies of those documents to the petitioner. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)