NEW DELHI: The Supreme Court has said dismissal of a previous petition under Section 482 CrPC by the High Court does not bar a subsequent petition, under the said provision from being entertained, if the facts of matter so justify.
A bench of Justices Pankaj Mithal and Sanjay Karol allowed a petition by complainant Naushad Ahmad Ansari and set aside the Uttarakhand High Court's March 15, 2019 order quashing criminal proceedings initiated against the accused-respondent, a Delhi lawyer, in a 2001 abduction case.
SC Allows Fresh Plea Under Section 482 CrPC: Key Legal Insights
In the facts of the case, the court found the record was silent as to which facts persuaded the High Court to exercise its jurisdiction for a second time when one such petition already stood dismissed and such order was confirmed by this court.
The appellant contended the High Court quashed the criminal proceedings against accused respondent Wajahat Ansari, whose previous petition for quashing the charge sheet was dismissed by the High Court in 2007 and a special leave petition against it was dismissed as withdrawn before the apex court in 2013.
Supreme Court Revives 2001 Abduction Case, Orders Fast-Track Trial
The High Court in its order found that there was no specific allegations against the accused-respondent and no motive was disclosed, to quash the trial court proceedings.
Taking an exception to the High Court's order, the bench said "It has been treated like an application coming up at the first instance. Such an approach is not justified. Perhaps, primarily what weighed with the court was that the private respondent is a practicing lawyer."
"Significantly, the said respondent concealed the factum of trial being in progress subsequent to the dismissal of the special leave petition by this court," the bench added.
The court revived the proceedings against the accused-respondent, by directing him to appear before the trial court on March 5, 2025.
Noting the initial proceedings are almost two decades old, the bench directed that the trial would proceed on a day-to-day basis as the incident.
