TMI Blog2023 (10) TMI 1342X X X X Extracts X X X X X X X X Extracts X X X X ..... ter 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he persons involved. The Petitioner herein, being the Project Director/Additional District Magistrate, Rampur, at the relevant time, was also implicated. Thereupon, C.C. No. 1280 of 2012 was registered on the file of Police Station Civil Lines, Rampur, Under Sections 409, 420, 467, 468, 471 and 120B Indian Penal Code read with Sections 7 and 13 of the Prevention of Corruption Act, 1988 (for brevity, 'the Act of 1988'). The Petitioner was amongst the Accused named therein. 5. In exercise of power Under Section 197 Code of Criminal Procedure and Section 19 of the Act of 1988, by order dated 03.12.2013, the Government of Uttar Pradesh accorded sanction to prosecute the Petitioner for the offences alleged Under Sections 409, 420, 467 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken cognizance. 7. However, it was only in the year 2022 that the Petitioner felt inspired to file a second petition Under Section 482 Code of Criminal Procedure, viz., Criminal Misc. Application No. 2014 of 2022. His prayers therein were to quash the charge sheet dated 30.04.2015; the cognizance order dated 12.06.2015; and the proceedings in Special Case No. 19 of 2016, insofar as he was concerned. This application was dismissed by the Allahabad High Court, vide order dated 20.02.2023. Therein, the High Court noted that the Petitioner had earlier filed Criminal Misc. Application No. 8465 of 2018 Under Section 482 Code of Criminal Procedure with a limited prayer - to quash the sanction order dated 30.12.2013. Holding that it was not ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o avail remedies, if any, available in law, the High Court would not be denuded of its inherent jurisdiction Under Section 482 Code of Criminal Procedure on being petitioned again and the principle of res judicata would not stand attracted. Again, in Vinod Kumar, IAS. v. Union of India and Ors (Writ Petition No. 255 of 2021, decided on 29.06.2021 = 2021 SCC OnLine SC 559). 1, a 3-Judge Bench of this Court observed that dismissal of an earlier petition Under Section 482 Code of Criminal Procedure would not bar filing of a subsequent petition thereunder in case the facts so justify. 9. Mr. S. Nagamuthu, learned Amicus Curiae, would however point out that entertainment of the second petition in Mohan Singh (supra) was held permissible as th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt observed that a person who invokes Section 482 Code of Criminal Procedure should honestly come before the Court raising all the pleas available to him at that point of time and he is not supposed to approach the Court with instalment pleas. It was further observed that there may be a change of circumstances during the course of criminal proceedings which would give scope for the person aggrieved to invoke the inherent jurisdiction of the Court, but when he is posted with all the facts and circumstances of a case, he cannot withhold part of it for the purpose of filing yet another petition seeking the same relief. 11. We are in complete agreement with these observations of the Madras High Court. Though it is clear that there can be no ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
