(1) An accused person may, at any time before he or she is given in charge to the jury, apply to the Court to quash any count in the indictment on the ground that it is not founded on the facts and evidence disclosed in the written statements of the prosecution or the depositions taken before the magistrate.
(2) The Court shall quash the count, if the Court is satisfied that the count is not founded on such facts and evidence.
(3) If, at any time during the trial, it appears to the Court that any count is not so founded, and that injustice has been or is likely to be done to the accused in consequence of the count, the Court may quash the count and discharge the jury from finding any verdict based upon it, if the Court is satisfied that is in the interest of justice.