VidhiSangh

Supreme Court of India · 23/07/2025

M.C. RAVIKUMAR versus D.S. VELMURUGAN & ORS.

[2025] 7 S.C.R. 1451 · 2025 INSC 888

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Summary

The High Court dismissed a first petition under Section 482 CrPC seeking quashing of a criminal complaint and, six months later, allowed a second petition by the same accused on grounds that were available when the first was decided. The Supreme Court held that a second quashing petition is not maintainable on pre-existing grounds, that the second order was in substance a review barred by Section 362 CrPC, and restored the complaint.

Issues

  1. Whether a second quashing petition under Section 482 CrPC is maintainable on grounds or pleas that were available to be raised at the time of filing or decision of the first quashing petition.

Provisions considered

Held

Result

Appeal allowed. High Court order dated 13.09.2022 in Criminal Original Petition No. 16241 of 2022 quashed and set aside; Criminal Complaint No. 1828 of 2019 restored to the file of the IX Metropolitan Magistrate, Saidapet, Chennai; all defences of the accused left open to be raised before the appropriate forum; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 1451.