The main legal point established in the judgment is that the power under Section 482 of the Cr.P.C. should be exercised sparingly and that filing a successive petition without new grounds is not an appropriate remedy.

JUDGMENT :

HASMUKH D. SUTHAR, J.

1. Heard Mr. Ashish M. Dagli, learned counsel for the applicant and Ms. Divyangna Jhala, learned APP for the respondent-State.

2. Present application is filed by the applicant under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) seeking to quash and set aside the FIR being CR No. I - 43/2019 registered with Wankaner City Police Station, Morbi and also be pleased to quash the further proceeding arising thereof in nature of charge sheet at Annexure-B as Criminal Case No. 1331 of 2019 pending before the Taluka Court, Wankaner qua the applicant in the interest of justice.

3. Learned counsel for the applicant has stated that it is the consistent practice of this Court that once the charge-sheet is filed, petition filed under Section 482 of the Cr.P.C. is to be withdrawn and fresh application is being filed. Hence, the Court should entertain and consider such application.

4. At the outset, it is worth to mention that, present application is a successive quashing petition/application. Earlier, the applicant had filed Criminal Misc. Application No. 17738/2019, which came to be disposed of as withdrawn vide order dated 13.07.2023. The order dated 13.07.2023 passed by a coordinate Bench of this Court reads as under:

“Learned advocates for the applicant, on instructions, submits that charge-sheet is filed pursuant to the impugned FIR and therefore, seeks permission to withdraw this application with a view to avail appropriate remedy available under the law. Permission as prayed for is granted. This application stands disposed of as withdrawn. Notice is discharged. Interim relief, if any, stands vacated. It is clarified that this Court has not expressed any opinion on merits.”

5. As present petition is a successive petition under Section 482 of the Cr.P.C. this Court raised a specific query to the learned advocate for the applicant that the charge-sheet is filed on 22.08.2019 and then it is withdrawn on 17.03.2023 and on that day, the ground of filing of charge-sheet was very much available to the petitioner, then why it was withdrawn. Even after filing of the charge-sheet during pendency of the petition under Section 482 of the Code, is maintainable.

6. Considering the facts of the case as well as the contention taken by the applicant, this Court is not inclined to consider the present application in view of the law laid down by the Hon’ble Supreme Court in the case of Bhisham Lal Verma vs. State of Uttar Pradesh and Another, 2023 SCC Online SC 1399 as earlier petition was filed in the year 2019 and during pendency of that earlier application, charge-sheet is filed on 22.08.2019 and application was withdrawn vide order dated 13.07.2023. Considering the fact that during a span of four years, neither any amendment was carried out nor any ground was taken in the earlier petition and simply earlier petition was withdrawn with a view “to avail appropriate remedy” under the law and in the opinion of this Court, filing of fresh petition under section 482 of the Cr.P.C. cannot be construed as appropriate remedy.

7. It is true that it is permissible to exercise power under Section 482 of the Cr.P.C. though charge-sheet is filed. Herein, case is slightly different. Though, ground was available and though charge-sheet was filed in the year 2019, earlier petition was withdrawn on 13.07.2023. There is no doubt about the settled proposition of law to exercise power under Section 482 of the Cr.P.C. after filing of charge-sheet, but considering the peculiar facts of the case on hand and in light of the law laid down in the case of Bhisham Lal Verma (Supra), it does not mean to file a second petition under Section 482 of the Cr.P.C. by only adding C.C. number in the prayer clause, which is nothing, but window dressing.

8. Even otherwise, as the charge-sheet is filed, at this stage, Court should not arbitrarily evaluate the material collected during investigation and hold mini trial. In vi