VidhiSangh

Supreme Court of India · 30/10/2023

BHISHAM LAL VERMA versus STATE OF UTTAR PRADESH AND ANOTHER

[2023] 14 S.C.R. 55 · 2023 INSC 955

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Summary

The Supreme Court refused interference with dismissal of a second Section 482 petition raising challenges already available when the first petition was filed. The charge sheet and cognizance order predated the first application, which attacked only prosecution sanction. Although successive petitions are not universally barred and changed circumstances may justify a fresh application, withholding available pleas for serial challenges would abuse the process.

Issues

  1. Whether a second quashing petition could raise grounds available when the first was filed.

Provisions considered

Held

Result

Special leave petition dismissed; High Court’s refusal to entertain the second Section 482 application left undisturbed. No merits determination of the criminal charges made.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 55.