2023 (12) TMI 1371 - HC - SEBI

Petition u/s 482 Cr.P.C. against the order passed by ASJ Patiala House Court New Delhi whereby his application u/s 203 Cr.P.C. was dismissed on the ground the petitioner is not proposed accused in complaint filed by respondent - HELD THAT - As perused the present petition and the order passed by this court by virtue of which the same relief was claimed and the same was dismissed as withdrawn. A further perusal for the same shows that the present petition has been filed by the petitioner on the grounds which were enumerated in the previous appeal but couched differently. It is pertinent to note here that nothing has been bought before this court to show that there are changes in the circumstances which emerged since the dismissal of the earlier petition that prompted him to file the present petition. One cannot lose sight of the fact that the petitioner is still not a proposed accused as submitted by the learned counsel for the respondent in the complaint filed by the respondent SEBI. Since nothing has changed from the dismissal of the previous petition and the present petition has been filed under the guise of seeking the similar relief which was already dealt by this court 2023 (5) TMI 1395 - DELHI HIGH COURT this court is of the view that under the garb of filing the present petition the petitioner cannot be permitted to reassert or reiterate the same grounds seeking identical reliefs. It is essential to uphold the principles of judicial economy and finality in legal proceedings to avoid unnecessary duplication and protraction of legal process. Therefore in light of the foregoing the present petition is dismissed.

Summary

The petitioner filed a petition under Section 482 Cr.P.C. against the order dated 03.05.2023. The petitioner's application under Section 203 Cr.P.C. was dismissed as he was not a proposed accused in the complaint by SEBI. The court noted that the petitioner had previously filed a similar appeal which was dismissed. Since there were no changes in circumstances, the present petition was dismissed to uphold judicial economy and finality in legal proceedings.