IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5350 of 2008 REETA DEVI, wife of Shree Bhola Singh, resident of village- Naraharpur(Nasipar), P.O.-Jandaha, P.S.-Jandaha, District- Vaishali. ……..Petitioner Versus 1. The State Of Bihar 2. Dharam Sing, son of Ram Bharosh Singh 3. Nagina Singh, son of Ram Bharosh Singh 4. Shakal Singh, son of Nandan Singh. All resident of village Naraharpur(Nasipar) P.O.-Jandaha, P.S.- Jandaha, District-Vaishali at Hazipur. ……….Opposite Parties. ---------- 3. 16.04.2010 Heard learned counsel for the petitioner and learned counsel for the Opposite Party No. 2. The present application has been filed for quashing of the order dated 11.10.2007 whereby O.P. No. 2 was discharged under Section 376/511 of the Indian Penal Code. Learned counsel for the petitioner has very fairly submitted that the trial has proceeded and the evidence is going on. Hence, learned counsel for the petitioner seeks liberty to demonstrate before the Trial Court that there are evidences against the accused under Section 376/511 of the Indian Penal Code and the learned Magistrate can exercise the power under Section 323 of Cr.P.C. This Court does not feel any embargo in raising such issues during trial. 2 In view of the fact that the trial has proceeded, hence the application has become infructuous, it is accordingly dismissed. Shageer (Dinesh Kumar Singh, J.)