The Karnataka High Court has said that a second petition under section 482 of the Criminal Procedure Code (CrPC) for quashing the criminal proceedings will be maintainable but only in exceptional cases where there are changed circumstances.
A single judge bench of Justice M Nagaprasanna said, "There can be no qualm at the enunciation of law by the Apex Court as to the maintainability of the second petition under Section 482 of Cr.P.C., but only in exceptional cases where there are changed circumstances."
The petitioner Srikantaiah had approached the court seeking to quash the FIR registered against him under sections 7(a) of the Prevention of Corruption Act.
Challenging the very same crime number and on the very same ground, petitioner was before the Court, which came to be disposed on 03.12.2021. The dismissal of the petition was reserving liberty to the petitioner to challenge the charge sheet, if it is filed.
The court noted, "It is an admitted fact that even as on date the charge sheet is not filed. Therefore, the petitioner is bound by the order dated 03.12.2021, which has become final."
As regards maintainability of the second petition under section 482 CrPC, the Court said,
"There can be no qualm at the enunciation of law by the Apex Court as to the maintainability of the second petition under Section 482 of Cr.P.C., but only in exceptional cases where there are changed circumstances. The changed circumstance as quoted in the aforesaid order is yet to arrive. The circumstance not yet arrived, the second petition for the same reason would not be maintainable owing to peculiarity of the facts of the case."
Accordingly it dismissed the petition reserving the very same liberty that the Court had earlier reserved.
Case Title: SRIKANTAIAH v STATE BY ANTI CORRUPTION BUREAU and ANR
Case no: WRIT PETITION No.12/2022.
Citation: 2022 LiveLaw (Kar) 182.
Date of Order: 26TH DAY OF MAY, 2022.
Appearance:. Senior Advocate MURTHY D. NAIK, A/W Advocate TRIVIKRAM S.; Advocate. P.N. MANMOHAN, for R1.