SHAILESH CHOUDHARY Vs. STATE OF JHARKHAND AND ANR.

JUDGEMENT

(1.) BY Court Heard learned Counsel for the Petitioner.

(2.) THE Petitioner has challenged the order dated 16.3.2005 passed in Complaint Case No. 356/2004, whereby the trial court has taken cognizance for the offence under Section 379/354/323 Indian Penal Code and Section 3(iii) of the Scheduled Caste and Schedule Tribe(Prevention of Atrocities) Act. However, the trial court did not take cognizance of the offence under Section 376/511 Indian Penal Code.

(3.) THE Petitioner, who is an accused in a criminal case, wants to get his defence to be investigated here in the writ jurisdiction, instead of getting the said defence in the criminal trial. The trial court had material with it the evidence produced by the complainant and on the basis of the said statement, if cognizance has been taken by the trial court, at this stage, it cannot be said that the cognizance was taken without any basis.