IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19653 of 2009 Kusheshwar Yadav, Son of late Muneshwar Yadav, resident of village – Giddha, P.S. Ghoghardiha, Distt. Madhubani. ------ Petitioner. Versus 1. The State Of Bihar 2. Surya Narayan Yadav, son of late Ajabi Yadav, resident of village – Giddha, P.S. Ghoghardiha, Distt. Madhubani. ----- Opposite parties. ----------- 2. 27.06.2011 Heard the parties. The petitioner has sought quashing of the order dated 27.4.2009 passed in Sessions Trial No. 101 of 2009 by which the Additional District and Sessions Judge cum Fast Track Court No. 3, Madhubani, has refused to discharge the petitioner. It has been submitted that final report was submitted with regard to the petitioner since his plea of alibi had been accepted and, therefore, he should be discharge. Since the petitioner has sought quashing on disputed questions of fact which can only be properly adjudicated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J.)