In the instant writ petition which was filed by a retd. IAS officer for quashing of 28 FIR/ criminal complaints against him, the Hon’ble bench comprising Hon’ble Justice Uday Umesh Lalit Hon’ble Justice Indira Banerjee Hon’ble Justice Ajay Rastogi dismissing the petition held that “ongoing through the facts and circumstances of the case there is no reason to entertain the petition under Article 32 of the constitution of India”.
Further to the submission of learned Senior Advocate Ms. Sonia Mathur that the petitioner had approached the High Court on earlier occasions filing applications under Section 482 of the Code of criminal procedure, 1973 (hereinafter referred to as “Cr. P.C, 1973”) which were later withdrawn, the Hon’ble bench held that “The petitioner if so advised, can always file appropriate applications under the section 482 of Cr. P.C, 1973 seeking quashing of the individual criminal cases or complaints.”
Moreover, At this point Hon’ble bench pointed to the Judgement of the Hon’ble supreme court in “Superintendent and Remembrancer of Legal Affairs, West Bengal versus. Mohan Singh & Ors.” reported in SCC (1975) 3 706 in which it is held by Hon’ble court that “is clear that dismissal of an earlier 482 petition does not bar the filing of a subsequent petition under Section 482 of Cr. P.C, 1973, in case the facts so justify.”
Lastly, it is held that ” Needless to say that as and when any appropriate application under the Cr. P.C, 1973 is preferred by the petitioner, the same shall be dealt with purely on its own merits without being influenced by the dismissal of the instant writ petition.”