SURESH KUMAR TEKRIWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) So far as the contention of the petitioner in regard to his right to lead evidence in defence even at the stage of framing charge is concerned, the same is concluded against the petitioner by the judgement of this Court in the case of Adalat Prasad V/s. Rooplal Jindal. However, learned counsel for the petitioner relies on the judgement of this Court in State of Orissa V/s. Debendra Nath Padhi wherein at para 29, this Court said as follows:

(3.) Based on the above it is argued that it is open to the petitioner to invoke the jurisdiction of the High Court under Art. 226 of the Constitution of India or u/s. 482 Code of Criminal Procedure to challenge the complaint filed by the respondent.