This court dismissed a second writ petition seeking quashing of an FIR. The court held that filing a second petition on the same cause of action after the first was dismissed is misconceived and the prior order is binding.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 8848 of 2019
Petitioner :- Bhagwat Prasad Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
This is a second petition of the petitioner seeking quashing of the First Information Report dated 07.01.2019 lodged as Case Crime No. 05 of 2019 at Police Station Kotwali, District Moradabad, under Sections 420, 467, 468 & 471 I.P.C.
The first petition of the petitioner, namely, Criminal Misc. Writ Petition No. 5323 of 2019 was dismissed by order dated 26.02.2019 by specifically holding that F.I.R. discloses commission of cognizable offence and, therefore, no ground exists to quash the F.I.R. or to stay the arrest of the petitioner.
The second petition has been filed by claiming that one of the co-accused in the case had filed Criminal Misc. Writ Petition No. 5718 of 2019, which was disposed off by order dated 01.03.2019, wherein the arrest of that accused was stayed till submission of police report under Section 173 (2) Cr.P.C. even though the prayer of the petitioner to quash the F.I.R. was refused. It has been submitted that since the co-accused has been granted relief, therefore, there is a changed circumstance, hence the second petition of the petitioner can be entertained.
The aforesaid contention is completely mis-conceived because it is well settled that there cannot be two petition on the same cause of action by one petitioner. Moreover, the order passed in the first petition of the petitioner stands and is binding on the parties. The petition is therefore dismissed.
Order Date :- 9.4.2019 Vibha Singh
1 issue framed by the court
Whether a second petition can be entertained where the first petition on the same cause of action was already dismissed.
Bhagwat Prasad Singh
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
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