Hemant Taylor (ADVOCATE) 01 April 2014

Second 482 petition for quashing same fir maintainability?

Whether a second 482 application for quashing the same fir ( sec 498 A, 406 IPC) is maintainable or not? Earlier a 482 application was filed for quashing the same fir and the same was disposed of by the hon'ble court whereby the court granted the liberty to the petitioner to again approach this court u/s 482 if parties fails to compromise the matter. thus, the first application was disposed of on the aforesaid basis but without going into the merits of the case. the question herein is that how far this second 482 application is maintainable. I am on the petitioner side please provide case law also.

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3 Replies

Sourav Das (Advocate Supreme Court of India) 01 April 2014

dear sir,

you have no need to give any case law (though you can find in www.indiakanoon.com), court itself gave liberty to move afresh.

Hemant Taylor (ADVOCATE) 01 April 2014

thank u for ur advise sir.

But i I specifically want a case where high court given liberty and in view of that second application u/s 482 held maintainable. Moreover, i also want that the section 362 will not operate as a bar in entertaining second 482 application because that does not amount to review/revision/recall of its own order .

second thing is that whether High court can grant liberty to file fresh petition while disposing the earlier one not on merits. under what provision high court can do so. i know 482 is the answer but in what circumstances.

third thing is that the second petition is having the prayer of same nature as it is prayed to quash the same FIR.

please suggest me case law