IN THE HIGH COURT OF JUDICATURE AT PATNA CrWJC No 882 of 2009 Bipin, son of Shiv Narayan Sharma, resident of Qrs No 404, Nirmala Kunj Apartment, Road No 3 (Mahesh Nagar Area), P S – Patliputra, District – Patna - Petitioner Versus 1 State of Bihar through Principal Secretary, Cabinet (Vigilance) Department, Government of Bihar, Patna 2 Principal Secretary, Cabinet (Vigilance) Department, Government of Bihar, Patna 3 The Superintendent of Police, Vigilance, Patna 4 The Officer-in-Charge, Vigilance Police Station, Patna -Respondents ----------- 2 16.11.2009 By this writ application, it appears that the petitioner had petitioned the Special Judge, Vigilance Trap Cases, Patna for a direction to the prosecution to give him certain papers and documents to prove his innocence and utility of framing charge. From this, it is apparent that the prosecution is at pre charge stage. The Court is to proceed on basis of material available on record at that time. If, after charge is framed, petitioner is able to get some unimpeachable document to show that the charge is not sustainable then he has his remedy provided under Criminal Procedure Code. If documents are at that stage not made available then again, he has his remedies as provided under Criminal Procedure Code. Thus, the writ petition at this stage is patently premature. In view of the aforesaid, learned counsel for the petitioner seeks permission to withdraw this application to take such step as may be advised to him in accordance with law. The writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh) 2