2. In this case, while adjudicating to decide whether the petitioner would have been entitled under the law, for an order of discharge, this Court would delve upon the points, firstly, as to whether the previous order of the Coordinate Bench rejecting petitioner’s prayer for quashing of the criminal proceeding against him, should act as a debarring factor to go into the prayer of the petitioner in this case, which is virtually the same as that in his previous case. Then, whether there has been so compelling change in circumstances, after the previous order of the Coordinate Bench rejecting petitioner’s prayer for quashing of the criminal proceeding, to be taken into consideration, to assess his prayer in this case, which is virtually similar to that in the previous case. The Court will see if the nonproduction of any vital document/information, said to have prompted the Coordinate Bench previously, to consider petitioner’s case, not in its proper perspective, and if the same should again be considered in this case, to weigh if the petitioner would have been eligible for an order of discharge as the evidence and materials would not have made out a case against him. The court shall consider, if petitioner’s case is comprised with the questions of facts only, legible to be decided in a trial.
