IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8678 of 2010 PARASDI PRASAD, son of Late Sevak Prasad, Mohalla Bari Pahari, PS Lahari Town Bihar Sharif, District Nalanda – petitioner. Versus STATE OF BIHAR THRU.VIG. ----------- 2 16.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 9.2.2010 passed by the Special Vigilance Trap, Patna in Special Case No. 23/2007, arising out of Vigilance PS Case No. 48/2007 by which the petitioner’s application for discharge has been rejected on the ground that the petitioner was not supplied the documents which were essential to enable him to make his submissions before charge is to be framed. The petitioner had filed a petition on 26.2.2008 for supply of pre trap memorandum, post trap memorandum, verification report, F.I.R., forensic science laboratory report, sanction order, Sanha No. 56, dated 6.4.2007, Sanha No. 45, dated 5.4.2007, copy of the station diary, dated 28.3.2007 to 1.6.2007, constitution of the pre trap yellow paper and statement of witnesses under section 161(3) of the Cr.P.C. The petition remained pending and in the mean time the discharge application was dismissed. Counsel for the Vigilance Department submits that in fact the case diary has been supplied to the petitioner. However, considering all aspects of the matter I direct that in case the aforesaid documents have not been supplied to the 2 petitioner, that should be done forthwith and preferably within a period of one month from the date of receipt of a copy of this order. In case these documents have been supplied before the order, dated 9.2.2010 was passed, nothing more is to be said. However, if the documents were not supplied and the order refusing to discharge the petitioner was passed, it shall stand quashed with a direction to the Special Judge to reconsider the application for discharge after the documents have been duly supplied to the petitioner. This application is disposed of with the aforesaid directions. haque (Sheema Ali Khan, J.)