• Can second petition can be filed under section 482 of CrPC

Dear Sir/Madam,
I am accused in a CBI case and trial is on. After evidence of a key witness I filed a petition in High Court under section 482 of CRPC for quashing of trial and discharge which was later withdrawn due to certain reasons. But now I have procured very important documents based upon which the trial can be quashed. I am not a public servant.The sanctioning authority himself is not a public servant. The stages of cognizance and framing of charges are already over and CBI court says it can not do any thing now since trial proceedings are on.
According to the High Court,it is not possible to file a second petition under section 482 CRPC in the same case for quashing of trial.Kindly advise with relevant judgments. The next date of hearing is on 13th Dec'13.
Asked 3 years ago in Criminal Law from Jaipur, Rajasthan
Dear Mr Sharma,

A second petition for quashing of proceedings under section 482 CrPC is not maintainable. Unless a liberty was given by the High Court to approach again at the time of withdrawal of the first 482 petition.

Even otherwise, the High Court is a hesitant in invoking its inherent jurisdiction and quash the proceedings after the trial has begun. You mentioned that you have obtained certain key documents which is relevant for your case now. You may use those documents at the stage of defence witnesses and then argue for acquittal.

Nishant Bora
Advocate, Jodhpur
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30 Consultations
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