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Allahabad HC Slams ' ' in Third Bid to Quash Cheating Case
In a stern rebuke to repetitive litigation tactics, the has dismissed a third petition under filed by Ramdular Singh seeking to quash a 2019 charge-sheet, summoning order, and ongoing proceedings in a Varanasi cheating and forgery case. Justice Samit Gopal ruled that raising grounds available in prior petitions amounts to impermissible and . The decision, delivered on , in Ramdular Singh vs State of UP and another , reinforces limits on High Courts' .
From Civil Feud to Criminal Charges: The Long Trail
The saga traces back to Case Crime No. 119 of 2018 at , Varanasi, registered under —alleging cheating, forgery, criminal intimidation, and rioting. Stemming from what the applicant claims is a purely civil dispute, proceedings advanced to Case No. 330 of 2019 before , with a charge-sheet filed on , and summoning order on .
Ramdular Singh's legal maneuvers began early:
- 2019 Petition (No. 32968) : Challenged a trial court order; dismissed , for lacking merit and non-submission to jurisdiction without bail.
- 2022 Petition (No. 31531) : Targeted a non-bailable warrant (NBW) issued , while also praying to quash proceedings; disposed , directing surrender within 15 days with NBW stayed temporarily.
- intervened in 2024 via SLP (Crl.) No. 11919/2024, staying trial proceedings and urging expeditious High Court disposal amid delays (judgment reserved , de-reserved ).
- Post-restoration after a brief dismissal for non-prosecution, the current petition (No. 8190/2023) directly assailed the charge-sheet and summoning order.
As noted this marked Singh's third attempt to derail the trial, now squarely rejected.
Defense Dodges, Prosecution Parries on Maintainability
Applicant's Stand : Counsel argued the petition's novelty—unlike prior ones focused on interlocutory orders (NBW, absence explanations), this targeted the charge-sheet and summons' validity. Prior filings were disclosed in the affidavit (paras 2-4), and the 2022 order didn't adjudicate quashing merits, merely NBW execution. On substance, the dispute was civil, with criminal case as harassment via . High Court's under S.482 allow intervention anytime to prevent injustice, unbound by review bar.
Opposition's Objection : Opposite Party No. 2 (complainant) and State highlighted this as the third quashing bid for the same proceedings. Grounds like civil nature were available earlier but abandoned, rendering it non-maintainable and . Prior petitions included quashing prayers, dismissed without new circumstances emerging.
Precedents Seal the Fate
Justice Gopal dissected maintainability through landmark rulings, emphasizing no blanket ban on successive S.482 petitions but strict scrutiny for changed circumstances.
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: Directly answered if second quashing petitions on earlier-available grounds are maintainable—
"not open to an accused person to raise one plea after the other... though all such pleas were very much available even at the first instance."
Onus on petitioner for new facts; here, absent. - : Warned against ingenious stalling via successive petitions.
- : can't override S.362 review bar or reconsider same materials.
- : Deprecates —choosing forums for favorable outcomes—as judicial anarchy.
The Court found Singh's challenges "piecemeal," with quashing prayer in 2022 effectively abandoned, now revived sans fresh grounds.
Key Observations from the Bench
"A ground abandoned by the applicant at the time of previous two petitions, although available at that time cannot be agitated at a subsequent period of time. The challenges in this matter have been in piecemeal by the applicant."(Para 16)
"This is the third petition by the same applicant with an intention to challenge the proceedings of the said case and get them quashed having been unsuccessful in two earlier petitions which is an attempt ofalso."(Para 9)
"The present petition under Section 482 Cr.P.C. is a repeated attempt of the same applicant for setting aside the proceedings against him pending before the trial court which is not maintainable. This is evenby him."(Para 17)
No More Delays: Proceedings to Resume
The petition stands dismissed, with pending applications disposed. Trial court proceedings, deferred per prior orders, now revive before ACJM-IV, Varanasi. This ruling curtails tactical filings, signaling High Courts won't entertain serial S.482 pleas without new grounds— a safeguard against endless delays in criminal trials, potentially expediting justice in similar abuse-of-process claims.
