ORDER

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 judgment of this Court in the case of Adalat Prasad v. Rooplal Jindal1. However, learned counsel for the petitioner relies on the judgment of this Court in State of Orissa v. Debendra 9 Nath Padhi2 wherein at para 29, this Court said as follows: (SCC p. 581)

"29. Regarding the argument of the accused having to face the trial despite being in a position to produce material of unimpeachable character of sterling quality, the width of the powers of the High Court under Section 482 of the Code and Article 226 of the Constitution is unlimited whereunder in the interests of justice the High Court can make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice within the parameters laid down in Bhajan Lal case3."

3. Based on the above it is argued that it is open to the petitioner to invoke the jurisdiction of the High Court under Article 226 of the Constitution or under Section 482