JUDGMENT :

J.J. MUNIR, J.

1. This application under Section 482 Cr.P.C. (‘Code’ for short) seeks to quash an order dated 16.03.2023, by which the prosecution evidence has been regarded closed and a direction given that the case may come up for recording the statement of the accused under Section 313 of the Code. It is not this order that substantially aggrieves the applicant. The applicant is aggrieved by the non decision of his application dated 21.11.2022, before passing the order impugned. The applicant, in substance, therefore, seeks that before the Court would direct that the prosecution case is over and the accused statement under Section 313 of the Code recorded, the applicant, who is an accused at the trial, is entitled to a decision on his application, above referred.

2. The applicant is one of the accused facing trial before the learned Additional Sessions Judge, Court No. 4, Ghazipur in S.T. No. 219 of 1987, State vs. Kanhaiya and Others (arising out of Case Crime No. 227 of 1986), under Sections 147, 148, 149, 302 IPC, P.S. Dildarnagar, District Ghazipur.

3. According to the applicant, the first information report giving rise to the crime was lodged on 25.09.1986 at 11:30 a