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2023 (10) TMI 1342 - SC - Indian LawsMaintainability of second petition - Is a second petition maintainable Under Section 482 Code of Criminal Procedure on grounds that were available for challenge even at the time of filing of the first petition thereunder? HELD THAT - Though it is clear that there can be no blanket Rule that a second petition Under Section 482 Code of Criminal Procedure would not lie in any situation and it would depend upon the facts and circumstances of the individual case it is not open to a person aggrieved to raise one plea after the other by invoking the jurisdiction of the High Court Under Section 482 Code of Criminal Procedure though all such pleas were very much available even at the first instance. Permitting the filing of successive petitions Under Section 482 Code of Criminal Procedure ignoring this principle would enable an ingenious Accused to effectively stall the proceedings against him to suit his own interest and convenience by filing one petition after another Under Section 482 Code of Criminal Procedure irrespective of when the cause therefor arose. Such abuse of process cannot be permitted. In the case on hand the filing of the charge sheet and the cognizance thereof by the Court concerned were well before the filing of the first petition Under Section 482 Code of Criminal Procedure wherein challenge was made only to the sanction order. That being so the Petitioner was not at liberty to again invoke the inherent jurisdiction of the High Court in relation to the charge sheet and the cognizance order at a later point of time. The impugned order passed by the Allahabad High Court holding to this effect is therefore incontrovertible on all counts and does not warrant interference - SLP dismissed.
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