ORDER :

1. Is a second petition maintainable under Section 482 Cr.P.C. on grounds that were available for challenge even at the time of filing of the first petition thereunder?

2. This is the short question that arises for consideration.

3. As the issue turned on the very maintainability of the case, Mr. S. Nagamuthu, learned senior counsel, was requested to assist the Court and, with his usual graciousness, he agreed to do so.

4. We may first note the relevant facts:

Complaint dated 23.06.2012 was filed by the Joint Director, State Urban Development Authority, Uttar Pradesh, before the Station House Officer, Police Station Kotwali, Rampur, alleging irregularities in the construction of toilets under the Integrated Low Cost Sanitation Scheme and embezzlement of public funds by the persons involved. The petitioner herein, being the Project Director/Additional District Magistrate, Rampur, at the relevant time, was also implicated. Thereupon, C.C. No. 1280 of 2012 was registered on the file of Police Station Civil Lines, Rampur, under Sections 409, 420, 467, 468, 471 and 120B IPC read with Sections 7 and 13 of the Prevention of Corruption Act, 1988 (for brevity ‘the Act of 1988’). The pet