Case Note & Summary
The petitioner, Vishal s/o Uttamrao Deshmukh, filed a Criminal Writ Petition before the Bombay High Court challenging the order of issuance of process dated 08.10.2013 passed by the learned Magistrate in Regular Criminal Case No.253/2013, which took cognizance of offences under Sections 193, 417, 418 and 420 of the Indian Penal Code. The petitioner had earlier preferred Criminal Revision Application No.4/2014 before the Additional Sessions Judge, Ambajogai, which was dismissed on 19.08.2014. The petitioner then filed Criminal Application No.5229/2014 under Section 482 of the Code of Criminal Procedure before a Division Bench of the Bombay High Court, seeking quashing of the proceedings. That application was dismissed by order dated 30.10.2014. Subsequently, the petitioner filed the present Criminal Writ Petition challenging the same order of issuance of process and the revisional order. The respondent No.3 argued that the writ petition was not maintainable as the earlier Section 482 application had been dismissed. The court, after hearing the parties, held that the writ petition was not maintainable because the earlier application under Section 482 CrPC seeking the same relief had been dismissed by a Division Bench. The court observed that allowing the petitioner to reagitate the same issue would amount to an abuse of the process of the court. Accordingly, the court dismissed the writ petition.
Headnote
A) Criminal Procedure Code - Maintainability of Writ Petition - Res Judicata - Section 482 CrPC - Petitioner filed Criminal Application under Section 482 CrPC seeking quashing of proceedings in RCC No.253/2013, which was dismissed by Division Bench. Subsequently, petitioner filed Criminal Writ Petition challenging the same order of issuance of process and revisional order. Held that the writ petition is not maintainable as the earlier application under Section 482 CrPC was dismissed on merits, and the petitioner cannot be permitted to reagitate the same issue. (Paras 3-8)
Issue of Consideration
Whether a criminal writ petition challenging the order of issuance of process and revisional order is maintainable when an earlier Criminal Application under Section 482 CrPC seeking similar relief was dismissed by a Division Bench of the same court.
Final Decision
The Criminal Writ Petition is dismissed as not maintainable. Rule discharged.
Law Points
- Maintainability of writ petition after dismissal of Section 482 application
- Res judicata in criminal proceedings
- Abuse of process of court
Case Details
2016 LawText (BOM) (06) 43
Criminal Writ Petition No. 1472 of 2014
Shri V.D. Salunke (for Petitioner), Shri S.G. Karlekar (APP for Respondents 1 and 2), Shri N.B. Khandare (for Respondent No.3)
Vishal s/o Uttamrao Deshmukh
The State of Maharashtra, Police Inspector, Parli Vaijanath City Police Station, Sau.Shanta w/o Tukaram Deshmukh
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Nature of Litigation
Criminal Writ Petition challenging order of issuance of process and revisional order.
Remedy Sought
Petitioner sought quashing of proceedings in Regular Criminal Case No.253/2013 and setting aside of order of issuance of process dated 08.10.2013 and revisional order dated 19.08.2014.
Filing Reason
Petitioner challenged the order of issuance of process under Sections 193, 417, 418, 420 IPC passed by the Magistrate and the dismissal of his revision petition.
Previous Decisions
Criminal Application No.5229/2014 under Section 482 CrPC filed by petitioner was dismissed by Division Bench of Bombay High Court on 30.10.2014. Criminal Revision Application No.4/2014 was dismissed by Additional Sessions Judge, Ambajogai on 19.08.2014.
Issues
Whether the criminal writ petition is maintainable in view of the earlier dismissal of Criminal Application under Section 482 CrPC seeking similar relief.
Submissions/Arguments
Respondent No.3 argued that the writ petition is not maintainable as the petitioner had earlier filed Criminal Application No.5229/2014 under Section 482 CrPC seeking quashing of the same proceedings, which was dismissed by a Division Bench of this Court.
Ratio Decidendi
A criminal writ petition challenging the same order of issuance of process and revisional order is not maintainable when an earlier application under Section 482 CrPC seeking the same relief has been dismissed by a Division Bench of the same court. Allowing such a petition would amount to an abuse of the process of the court.
Judgment Excerpts
A peculiar situation has emerged in this case in the light of the submissions of the learned Advocates which are said to be on the basis of the record in this petition and from Criminal Application No.5229/2014, which has been dismissed by the learned Division Bench of this Court (Coram : S.S.Shinde and A.I.S.Cheema, JJ.) by order dated 30.10.2014.
The Petitioner in this petition has specifically challenged the order of issuance of process dated 08.10.2013 by which the learned Magistrate has taken cognizance of Regular Criminal Case No.253/2013 and by a short order of a single paragraph has held that an offence punishable under Sections 193, 417, 418 and 420 of the IPC has been made out.
Procedural History
The Magistrate passed order of issuance of process on 08.10.2013 in RCC No.253/2013. Petitioner filed Criminal Revision Application No.4/2014 under Section 397 CrPC before Additional Sessions Judge, Ambajogai, which was dismissed on 19.08.2014. Petitioner then filed Criminal Application No.5229/2014 under Section 482 CrPC before Division Bench of Bombay High Court, which was dismissed on 30.10.2014. Thereafter, petitioner filed the present Criminal Writ Petition No.1472/2014.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 193, 417, 418, 420
- Code of Criminal Procedure, 1973 (CrPC): 397, 482
