38.6c New Delhi, India, Friday, August 08, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Section 482 CrPC: Second Petition For Quashing Of Complaint Maintainable Under Changed Facts And Circumstances Says SC [Read Judgment]

By LawStreet News Network      31 July, 2019 06:07 PM      0 Comments
Section 482 CrPC: Second Petition For Quashing Of Complaint Maintainable Under Changed Facts And Circumstances Says SC [Read Judgment]

The Supreme Court on July 30, 2019, in the case of Anil Khadkiwala v. State (Government of NCT of Delhi), has observed that second application for quashing of the complaint under Section 482 of the Code of Criminal Procedure, 1973, cannot be dismissed as not maintainable merely because of the dismissal of the earlier application.

In this case, an application was filed by the appellant under Section 482, Cr.P.C. to quash the summons issued in a complaint. The said application was dismissed by the Delhi High Court on the ground that earlier petition for the same relief had already been dismissed, and thus the second application is not maintainable.

In the first plea, the contention of the appellant was that he had resigned from the company and therefore he has no liability in the cheque case filed against the company and persons including himself. This application was dismissed without addressing the aforesaid contention. In the second petition, the appellant produced Form 32 issued by the Registrar of Companies to prove his resignation. However, the High Court dismissed the petition on the ground of maintainability.

Noticing these facts, the Bench comprising of Justice Ashok Bhushan and Justice Navin Sinha observed: There was a difference between the earlier application and the subsequent one, inasmuch as the statutory Form 32 did not fall for consideration by the Court earlier. The factum of resignation is not in dispute between the parties. The subsequent application, strictly speaking, therefore cannot be said to a repeat application squarely on the same facts and circumstances.

The Bench also noted that, in Superintendent and Remembrancer of Legal Affairs, West Bengal v. Mohan Singh AIR 1975 SC 1002, it was held that a successive application under Section 482, Cr.P.C. under changed circumstances was maintainable and the dismissal of the earlier application was no bar to the same.

Thus, the Bench, setting aside the order passed by the Delhi High Court, said: "The Company, of which the appellant was a Director, is a party respondent in the complaint. The interests of the complainant are therefore adequately protected. In the entirety of the facts and circumstances of the case, we are unable to hold that the second application for quashing of the complaint was not maintainable merely because of the dismissal of the earlier application."

[Read Judgment]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

in-house-procedure-had-legal-sanctity-sc-dismisses-justice-varmas-plea-against-recommendation-for-removal
Trending Judiciary
'In-house procedure had legal sanctity,' SC dismisses Justice Varma's plea against recommendation for removal

SC upholds in-house probe into Justice Varma, dismisses his plea against removal; says process is legally valid and judge’s conduct lacked credibility.

07 August, 2025 12:05 PM
sole-testimony-of-victim-even-without-medical-evidence-sufficient-to-uphold-rape-conviction-sc
Trending Judiciary
Sole testimony of victim even without medical evidence sufficient to uphold rape conviction: SC [Read Judgment]

SC: Victim’s sole testimony, even without medical evidence, sufficient to uphold rape conviction if found credible and consistent.

07 August, 2025 03:11 PM

TOP STORIES

bengaluru-court-convicts-ex-mp-prajwal-revanna-in-rape-case
Trending Judiciary
Bengaluru court convicts ex MP Prajwal Revanna in rape case

Bengaluru court convicts ex-MP Prajwal Revanna in rape case linked to explicit videos; one of four sexual abuse cases filed against him.

04 August, 2025 11:07 AM
sc-sets-aside-order-declaring-man-as-juvenile-on-basis-of-school-certificate
Trending Judiciary
SC sets aside order declaring man as juvenile on basis of school certificate [Read Judgment]

SC: School certificate from private school not valid proof of age, sets aside order declaring murder accused as juvenile.

04 August, 2025 11:24 AM
hp-may-vanish-in-thin-air-god-forbid-sc-on-ecological-imbalance-in-himachal-pradesh
Trending Judiciary
‘HP may vanish in thin air, God forbid', SC on ecological imbalance in Himachal Pradesh [Read Order]

SC warns HP may vanish due to ecological imbalance; seeks state’s action plan amid rising disasters, deforestation, and climate change threats.

04 August, 2025 11:31 AM
sc-grants-4-weeks-time-to-centre-to-frame-guidelines
Trending Judiciary
SC grants 4 weeks time to Centre to frame guidelines to ensure pedestrians right to use footpath

SC gives Centre 4 weeks to frame guidelines ensuring pedestrians’ right to obstruction-free, accessible footpaths under Article 21.

04 August, 2025 11:41 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email