Supreme Court Of India
(From : AIROnline 2022 Mad 456)
Vikram Nath,
Sandeep Mehta
, JJ
Criminal P.C. (2 of 1974) , S.482, S.362— Quashing of criminal complaint – Second quashing petition on same ground – Maintainability – Second quashing petition raised no such grounds/pleas which were unavailable to accused at time of adjudication of first quashing petition – Filing second quashing petition on same grounds would amount to seeking review on pre-existing material – It is settled that it is not open to accused person to raise one plea after other, by repeatedly invoking inherent jurisdiction of High Court under S.482 CrPC, though all such pleas were very much available to him even at first instance – Order for quashing complaint passed by High Court in second quashing petition amounted to review of earlier order passed by co-ordinate bench in first quashing petition – Order of High Court was set aside
AIROnline 2022 Mad 456-Reversed(1990) 2 SCC 437 :AIR 1990 SC 1605-Relied on
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