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Section 482 – Cr PC – Second petition on the grounds available at the time of filing first petition but not raised in the first petition, is not maintainable

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Judgment dated 30.10.2023 in SLP (Criminal) No.7976 of 2023 – Bhisham Lal Verma Vs. State of Uttar Pradesh and another

Section 482 – Cr PC – Second petition on the grounds available at the time of filing first petition but not raised in the first petition is not maintainable

On 23.6.2012, the State Urban Development Authority of UP had filed criminal complaint about the irregularities in construction of toilets and embezzlement of public funds.

Charge-sheet was filed.  Cognizance was taken and the case taken by the Special Court at Bareilly.

First Petition under Section 482 of the Cr PC was filed in 2020 challenging the sanction of the Government for prosecution.

In 2022, Second Petition was filed for quashing the charge-sheet, cognizance order and the proceedings of the criminal case.   This was dismissed by the Allahabad High Court by the order dated 20.2.2023.

HELD that 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.   SLP was dismissed.

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