The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court has said dismissal of a previous petition under Section 482 CrPC by the High Court does not bar a subsequent petition, under the said provision from being entertained, if the facts of matter so justify.
A bench of Justices Pankaj Mithal and Sanjay Karol, however, set aside the Uttarakhand High Court's March 15, 2019 order quashing criminal proceedings initiated against the accused-respondent, a Delhi lawyer, in a 2001 abduction case.
Allowing a petition by complainant Naushad Ahmad Ansari, the bench noted the record was silent on which facts persuaded the High Court to exercise its jurisdiction for a second time when one such petition already stood dismissed and such order was confirmed by this court.
The appellant contended the High Court quashed the criminal proceedings against accused respondent Wajahat Ansari, whose previous petition for quashing the charge sheet was dismissed by the High Court in 2007 and a special leave petition against it was dismissed as withdrawn before the apex court in 2013.
The court noted the High Court in its order found that there was no specific allegations against the accused-respondent and no motive was disclosed, to quash the trial court proceedings.
Taking an objection, the bench said, "It has been treated like an application coming up at the first instance. Such an approach is not justified. Perhaps, primarily what weighed with the court was that the private respondent is a practicing lawyer."
Significantly, the said respondent concealed the factum of trial being in progress subsequent to the dismissal of the special leave petition by this court, the bench said.
The court set aside the High Court's judgment and revived the proceedings against the accused-respondent, by directing him to appear before the trial court on March 5, 2025.
The bench directed that the trial would proceed on a day-to-day basis as the incident and initial proceedings are almost two decades old.