A petitioner cannot seek the same relief repeatedly after a previous dismissal without permission to refile.

JUDGMENT

This Writ Petition (Crl.) has been filed under Article 226 of the Constitution of India seeking the prayers as under;

“i issue an order directing the second respondent to conduct re-investigation in Crime No.779/2019 of Neyyattinkara police station which is is now pending as SC No.918/2020 before Fast Track Special Court (POCSO), Neyyattinkara.

ii. Grant other appropriate reliefs which this Honorable court may deem fit and proper in the facts and circumstances of the case.

iii. To dispense with the filing of translations of the vernacular documents.”

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail.

3. At the outset it is to be noted that Ext.P10 produced along with this Writ Petition is the copy of judgment in Writ Petition (Crl.) No.102/2023. In the said Writ Petition the petitioner sought further investigation of the present crime, viz; Crime No.779/2019 of Neyyattinkara Police Station, Thiruvananthapuam. The said Writ Petition was heard by this Court on 21.08.2024 and after hearing, when this Court was about to dismiss the same on merits, the learned counsel for the petitioner sought permission to withdraw the same and the said petition was dismissed as withdrawn; now the petitioner seeks re-investigation of the case, i.e, somewhat similar prayer in the earlier petition. In fact, the reliefs initially abandoned in terms of Ext.P10 judgment is again canvassed after abandoning the claim. Thus the legal conundrum that arises for consideration is; after dismissal of a petition on granting permission to withdraw the same without specifically granting permission to file a fresh one for the same or identical relief, whether a second petition for the same is maintainable?

4. While answering the query, it is the settled law that a person is not entitled to seek the same reliefs repeatedly. Once some reliefs is being pressed into in one proceeding, either civil or criminal, and the same was either dismissed on merits or withdrawn without liberty to file a petition for the same/identical reliefs, the petitioner is debarred from filing a second petition for the same relief. Therefore, for the said reason alone this petition is not maintainable and deserves dismissal.

5. In the instant case, the earlier application seeking more or less same relief was dismissed by this Court as observed in paragraph 3 of judgment in Writ Petition (Crl.) No.102/2023 dated 21.08.2024. The same reads as under;

“3. After arguing for a while, when this Court is about to dismiss this writ petition, finding that the accused has no right to ask for further investigation and the prosecution materials would prima facie establish commission of offences punishable under Section 354 of IPC , Sections 7 r/w 8, 10 r/w 9(b) (iv)(m)(n) of the POCSO Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 , the learned counsel for the petitioner sought permission to withdraw this writ petition. Permission is granted. Accordingly, this writ petition (Criminal) stands dismissed as withdrawn.”

6. Coming to the facts of this case the prosecution alleges commission of offences punishable under Sections 354 of the Indian Penal Code, 1860 as well as under Section 7 read with Sections 8, 10 read with Sections 9(b)(iv)(m)(n) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 .

7. In this matter, crime was registered based on the First Information Statement given by the survivor/ minor girl on 01.06.2019 stating that when she was residing along with her mother, the accused and her younger brother at the Army Quarters at the workplace of the accused, she was subjected to aggravated sexual assault by the accused. Now the victim has been residing at the family house of her mother. According to the victim, they used to go to theater on almost all Sundays and Saturdays to watch movies. Her mother did