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IN THE HIGH COURT OF KARNATAKA
M. Nagaprasanna, J.
Srikantaiah - Appellant
Versus
State By Anti Corruption Bureau & Ors. - Respondents
Writ Petition No. 12 of 2022 (GM-RES)
Decided On : 26-05-2022
Section 482 of Cr.P.C. - Challenge to Charge Sheet - Court's Dismissal of Second Petition
Fact of the Case:
The petitioner challenged proceedings in Crime No.7/2021 under Section 7(a) of the Prevention of Corruption Act. The petitioner had previously sought permission to withdraw a similar petition and was granted liberty to challenge the charge sheet if filed.
Finding of the Court:
The court dismissed the petition, affirming the earlier order and holding that the petitioner is bound by the previous order as the charge sheet had not been filed. The court emphasized that a second petition under Section 482 of Cr.P.C. would only be maintainable in exceptional cases with changed circumstances, which had not yet occurred in this case.
Issues: The main issue was the maintainability of the second petition under Section 482 of Cr.P.C. for the same reason as the earlier petition, without any changed circumstances.
Ratio Decidendi: The court relied on the principle that a second petition under Section 482 of Cr.P.C. would only be maintainable in exceptional cases with changed circumstances, which had not yet occurred in this case.
Final Decision: The petition was dismissed, with the court reiterating the liberty granted to the petitioner to challenge the charge sheet if filed.
ORDER
1. Heard Sri Murthy D Naik, learned Senior counsel appearing for the petitioner and Sri P N Manmohan, learned counsel representing respondent No.1.
2. The petitioner calls in question proceedings in Crime No.7/2021 registered for offence punishable under Section 7(a) of the Prevention of Corruption Act. Challenging the very same crime number and on the very same ground, petitioner was before this Court in Criminal Petition No.8215/2021, which came to be disposed on 03.12.2021, by the following order;
Learned counsel for the petitioner seeks permission to withdraw this petition and liberty to challenge the charge sheet in case it is filed.
Submission of the learned counsel for the petitioner is placed on record. This petition is dismissed according liberty to the petitioner to challenge the charge sheet, if it is filed.
3. The dismissal of the petition was reserving liberty to the petitioner to challenge the charge sheet, if it is filed. 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.
4. Learned Senior counsel taking this Court through the judgments of the Apex Court would contend that the second petition under Section 482 of Cr.P.C. would become maintainable. 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. Therefore, the petition stands dismissed albeit reserving the very same liberty that the Court had earlier reserved in Criminal Petition No.8215/2021.
The main legal point established is that a second petition under Section 482 of Cr.P.C. would only be maintainable in exceptional cases with changed circumstances.
A criminal petition filed under S. 482 Cr.P.C. to quash an FIR may be withdrawn by the petitioner when a final report or charge sheet has been filed, with liberty granted to challenge the subsequent ....
Second petition – Though there can be no blanket rule that a second petition under Section 482 Cr.P.C. would not lie in any situation and it would depend upon facts and circumstances of individual ca....
A ground which is not canvassed in pleadings cannot be permitted to be urged across the Bar.
A petitioner may seek leave of the court to withdraw a criminal petition with liberty to file afresh when new facts or grounds arise after the initial filing.
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