Dismissal Of An Earlier Section 482 CrPC Petition Does Not Bar Filing Of Subsequent Petition, If Facts So Justify: Supreme Court

Dismissal of an earlier Section 482 CrPC petition does not bar filing of subsequent petition under Section 482, in case the facts so justify, the Supreme Court reiterated while dismissing a writ petition filed by an IAS Officer.

IAS Officer, Vinod Kumar, had approached the Apex Court by filing a writ petition under Article 32 of the Constitution seeking  quashing of about 28 cases against him.

The bench headed by Justice UU Lalit said that it sees no reason  to entertain this petition under Article 32. The petitioner, if so advised, can always file appropriate applications under the Code of Criminal Procedure  seeking quashing of the individual criminal cases or complaints, the bench also comprising Justices Indira Banerjee and Ajay Rastogi said.

Addressing the submission that he had approached the High Court on earlier occasions filing applications under Section 482 of the Code which were later withdrawn, the bench observed:

The law on point as held by this Court in "Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. Mohan Singh & Ors." reported in SCC (1975) 3 706 is clear that dismissal of an earlier 482 petition does not bar filing of subsequent petition under Section 482, in case the facts so justify. Needless to say that as and when any appropriate application under the Code is preferred by the petitioner, the same shall be dealt with purely on its own merits without being influenced by the dismissal of the instant writ petition.

Case: Vinod Kumar IAS vs. Union of India [WP(Crl 255/2021]

Coram: Justices UU Lalit, Indira Banerjee and Ajay Rastogi

Citation: LL 2021 SC 281

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