Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
BRIJ RAJ SINGH
Kamal Agrawal (M.D.) – Appellant
Versus
State of Uttar Pradesh Through Principal Secretary, Home Department, Luckow – Respondent
| Table of Content |
|---|
| 1. validity and maintainability of second application. (Para 2 , 4 , 5 , 7) |
| 2. second applications under section 482 cr.p.c. are maintainable. (Para 15 , 16 , 21) |
| 3. factual context and background of employment dispute. (Para 22 , 23 , 25 , 28 , 31) |
| 4. criteria for quashing proceedings under mala fide or vengeful motivations. (Para 36 , 38 , 39) |
JUDGMENT :
1. Since the common question of facts and law are involved in both the applications, therefore, with the consent of the parties, they are being heard and decided by a common judgement.
3. A preliminary objection has been raised by Ms. Priyanka Singh, learned counsel for Opposite Party No.2/Complainant that the present applications under Section 482 Cr.P.C. are not maintainable for the reason that the Applicants had earlier approached this Court by filing an application i.e. APPLICATION U/s 482 No. 4525 of 2025 in re: OAM Industries (India) Pvt. Ltd. Thru. Kamal Agarwal and Another Vs. State Of U.P. Thru. Its Prin. Secy. Home Sectt. Lko. and Another which was decided on 28.05.2025 by the co-ordinate Bench of this Court wherein it is observed that after arguing for sometime, learned counsel for the Applicants submits that
A second application under Section 482 Cr.P.C. is maintainable if based on changed circumstances, despite a previous application being withdrawn.
The court emphasized that allegations lacking evidence do not justify the summoning of accused, highlighting the necessity of due diligence by the Magistrate under Section 482 of the CrPC.
A litigant must disclose all material facts when seeking relief from the court, and failure to do so can result in the denial of that relief. Successive applications under Section 482 Cr.P.C. on the ....
The amendment to Section 202 of the Cr.P.C. mandates that a Magistrate must conduct an inquiry before issuing summons against an accused residing outside the jurisdiction, to prevent false complaints....
Point of Law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 Cr.P.C. Such exercise of power, besides doing justice to accused, would save preci....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
