SC: Dismissal Of The Previous Petition Under S.482 CPC Does Not Bar Filing Of Subsequent Petition

What Is The Case

• While dismissing a writ petition filed by an IAS Officer, the Supreme Court emphasized that the dismissal of an earlier Section 482 CrPC case does not bar the filing of a later plea under Section 482, should the facts merit it.
• Vinod Kumar, an IAS officer, had petitioned the Supreme Court with a writ petition under Article 32 of the Constitution, seeking the dismissal of about 28 cases against him.
• The Court, led by Justice UU Lalit, stated that there is no justification for the petition to be heard under Article 32.
• If so instructed, the petitioner can always submit relevant applications under the Code of Criminal Procedure seeking quashing of particular criminal charges or complaints, according to the Bench, which also included Justices Indira Banerjee and Ajay Rastogi.

Order Of The Court

• In response to his claim that he had previously approached the High Court with applications under Section 482 of the Code that were afterwards withdrawn, the Bench observed:
• The law on the subject, as stated by this Court in Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. Mohan Singh & Ors. reported in SCC (1975) 3 706 is clear dismissal of an earlier 482 petition does not preclude the filing of a future 482 petition if the facts warrant it.
• Needless to say, if the petitioner submits any proper application under the Code, it will be considered solely on its own merits, unaffected by the dismissal of the instant writ petition.

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