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Judgment
Heard the parties.
This is an application for quashing the order dated 07.02.2019 passed by the learned 8th Additional Sessions Judge, Motihari, passed in S.T. No.841 of 2018 arising out of Nagar P.S. Case No.673 of 2017 registered for the offences punishable under Sections 302, 120B, 34 of the I.P.C. and Section 27 of the Arms Act, whereby and whereunder the learned magistrate has framed the charges under Sections 302, 120B, 34 of the I.P.C. and Section 27 of the Arms Act.
Considering the submission on last occasion, a report was called for, from the learned trial court regarding stage of trial, which made available to this court through letter no.498 dated 26.09.2026, speaking that the prosecution evidence has already been closed in this case on 30.10.2025, and since then, this matter is pending at the stage of examination of defence witness.
At this stage, it is submitted by learned counsel appearing for the petitioner that the power under Section 482 of the Cr.PC/ under Section 528 of the BNSS can be exercised at any stage before passing the judgment.
In the background of aforesaid submission, learned counsel appearing for the petitioner disputed the supervision report of higher authority during the course of investigation, and also submitted that the charges which were framed against the petitioner were groundless.
Considering the aforesaid submission, it transpired that the learned counsel appearing for the petitioner is disputing the fact of the case for which the evidence has already surfaced before the learned trial court, and it has been concluded on the part of State. Veracity of disputed facts can be ascertained during the trial only.
In view of aforesaid, the present petition is devoid of any merit, and accordingly, same stands dismissed.
Let the copy of this judgment be communicated to the learned trial court forthwith, with TCR, if any.