ANOOP KUMAR DHAND
Dharam Singh Meena – Appellant
Versus
State of Rajasthan, Through Public Prosecutor – Respondent
ORDER
1. This order will govern disposal of both these petitions since it is submitted that both the petitions involve common issue and prayer in the identical fact situation.
2. Both these petitions have been filed by the petitioners with the following prayer:
And pass any other order / orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.'
3. At the outset it is observed that with regard to the same prayer, the petitioners filed S.B. Criminal Misc. Petition No.1438/2017 for quashing of the impugned FIR No.476/2014 before this Court with the similar prayer which is reproduced as under:
Simrikhia vs. Dolley Mukherjee
Sooraj Devi vs. Pyare Lal (1981) 1 SCC 500 : 1981 SCC (Cri) 188)
A second quashing petition under Section 482 Cr.P.C. is not maintainable if the grounds were available during the first petition, reinforcing the prohibition against repeated submissions based on pre....
The judgment cannot be altered or reviewed except to correct a clerical or arithmetical error, as per the bar under Section 362 Cr.P.C.
The High Court lacks the power to review or recall its orders after they have been signed, as it becomes functus officio and such actions are barred under Section 362 of the Criminal Procedure Code.
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
The power to quash a criminal proceeding under Section 482 Cr.P.C should be exercised sparingly and cautiously to prevent the abuse of process of any court and to secure the ends of justice.
The power of the High Court to quash criminal proceedings under Section 482 Cr.P.C. is distinct and different from the power given to a criminal court for compounding the offences under Section 320 o....
Petitions dismissed for want of prosecution can be restored under Section 482 Cr.P.C. when there is a bona fide reason for absence, circumventing the prohibition of Section 362 Cr.P.C.
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