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Writ for quashing of FIR rejected can I file a writ again
06-Jul-2023 (In Criminal Law)
An earlier writ under article 226 for quashing of FIR(in a 498A matter)was disposed off as not pressed. Now the petitioner intends to seeks relief that he did not receive in his first writ petition before HC by filling an other writ petition with more or less the same grounds though there being a small change in the situation(fairness of investigation is under consideration). Would it be advisable to file the other writ again under Article 226 or u/s 482. The matter is still under investigation stage. Does it technically make a difference in terms of maintainability.
You can file a petition for quashing of FIR u/s. 482 cr.p.c.
Although successive petition is not maintainable if the circumstances and facts of the case are same.
But you can take a plea that the first petition was disposed off as not pressed and state the reasons for the same and also state the new facts if any.
Court has discretion to grant relief in the interests of Justice if the petitioner approaches the court with clean hands.
Although successive petition is not maintainable if the circumstances and facts of the case are same.
But you can take a plea that the first petition was disposed off as not pressed and state the reasons for the same and also state the new facts if any.
Court has discretion to grant relief in the interests of Justice if the petitioner approaches the court with clean hands.
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Adv. Pranav Dilavari
Delhi | 25+ Answers
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Hi,
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
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Adv. Ganesh Singh
Delhi | 500+ Answers
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There is no bar for filing a petition under article 226 for second time in changed circumstance. But it is more advisable that you should argue this petition at least on merits so that you can take this matter to supreme court in special leave petition in case of dismissal in High court.Moreover if you can share the order of Hon'ble High court in earlier petition than a better remedy maybe suggested between filing an SLP or filing a second petition under article 226.
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Adv. Peeyush Bhatia
Delhi | 25+ Answers
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