IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15727 of 2008 Bhubneshwar Modi Versus State Of Bihar ---------------------------------- 04. 12.10.2011 This is an application for quashing the criminal proceeding against the petitioner in Gardanibagh (Sachivalay) P. S. Case No.35 of 1995 under Sections 409, 420 and 201 of the I.P.C. pending in the Court of the Chief Judicial Magistrate, Patna. Heard learned counsel for the petitioner and learned counsel for the State. After filing of the F.I.R. against this petitioner, this Court was approached for quashing the prosecution, but now the stage is of prosecution evidence, it means after completion of the investigation, charge sheet was submitted, cognizance taken and charge framed against the petitioner. Now an interim petition filed to modify the relief may not be accepted in any case as at the time of filing of this quashing application the only material was F.I.R. and its allegations. Now the material is evidence collected through investigation, submission of charge sheet taking notice of that by the cognizance taking Court/ Trial Court again mind has been applied in framing charge, then only the stage is of prosecution evidence. Petitioner is at liberty rather has legal right to raise all his points legal as well as factual at the stage of defence followed by argument in the case. 2 Accordingly, this quashing application is dismissed hereby. Vikash (Mandhata Singh, J.)