Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds
The Supreme Court ruled that a second quashing petition under Section 482 CrPC is impermissible if based on grounds available during the first petition, as it effectively amounts to a review barred under Section 362 CrPC. The Court emphasized that inherent powers cannot override statutory prohibitions, preventing abuse of legal process through successive petitions. The judgment reaffirmed that change in circumstances or new grounds must be demonstrated for entertaining subsequent quashing petitions, ensuring judicial discipline and preventing harassment via repetitive litigation. The High Court's order allowing a second petition was set aside, restoring the criminal complaint for trial.
Facts Of The Case:
The case involves a dispute between the appellant, M.C. Ravikumar, and the respon...