BHISHAM LAL VERMA versus STATE OF UTTAR PRADESH AND ANOTHER

BHISHAM LAL VERMA versus STATE OF UTTAR PRADESH AND ANOTHER

Because the charge-sheet and the order of cognizance were on record before the petitioner filed his first Section 482 petition and the petitioner then chose to challenge only the sanction order, he could not later invoke Section 482 Cr.P.C. to challenge the charge-sheet and cognizance; successive petitions raising grounds available at the first instance are not maintainable and amount to abuse of process, therefore the High Court's dismissal of the second petition was correct.

Parties
Petitioner: Bhisham Lal Verma; Respondent: State of Uttar Pradesh and Another
Jurisdiction
India
Judgment Date
30 October 2023
Procedural Posture
Special Leave Petition (crl.) No.7976 of 2023 / Special Leave Petition Dismissed by Supreme Court
Outcome
Special Leave Petition dismissed
Legal Topics
Section 482 Cr.p.c., Maintainability of Successive Petitions, Quashing of Charge Sheet, Sanction to Prosecute
Criminal Procedure Criminal Law Section 482 Cr.p.c. Maintainability of Successive Petitions Quashing of Charge Sheet Sanction to Prosecute

Case Brief

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Parties

Bhisham Lal Verma

Petitioner

State of Uttar Pradesh and Another

Respondent

Procedural Posture

Special Leave Petition (crl.) No.7976 of 2023 / Special Leave Petition Dismissed by Supreme Court

Legal Issues

  1. 1 Whether a second petition under Section 482 Cr.P.C. is maintainable on grounds that were available for challenge at the time of filing the first petition
  2. 2 Whether filing successive Section 482 petitions to raise pleas in instalments constitutes abuse of process

Ratio Decidendi

Because the charge-sheet and the order of cognizance were on record before the petitioner filed his first Section 482 petition and the petitioner then chose to challenge only the sanction order, he could not later invoke Section 482 Cr.P.C. to challenge the charge-sheet and cognizance; successive petitions raising grounds available at the first instance are not maintainable and amount to abuse of process, therefore the High Court's dismissal of the second petition was correct.

Court Disposition

Special Leave Petition dismissed

Orders

  • Special Leave Petition dismissed.
  • The impugned order of the Allahabad High Court dated 20.02.2023 is affirmed.