M.C. Ravikumar vs D.S. Velmurugan 2025 INSC 888 - S.482 CrPC - Second Quashing Petition

Code of Criminal Procedure 1973 - Section 482 : Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Whether a second quashing petition would be maintainable on grounds/pleas that were available to be raised even at the time of filing/decision of the first quashing petition?- The failure of the accused to raise a pertinent ground/plea which was tangibly available to them at the time of adjudication of the first quashing petition can in no circumstance grant a right to the said accused persons to file a subsequent quashing petition as it would amount to seeking review on pre-existing material- It is not open to an accused person to raise one plea after the other, by repeatedly invoking the inherent jurisdiction of the High Court under Section 482 CrPC, though all such pleas were very much available to him even at the first instance. We may hasten to add that there is no sweeping rule to the effect that a second quashing petition under Section 482 CrPC is not maintainable and its maintainability will depend on the facts and circumstances of each case. However, the onus to show that there arose a change in circumstances warranting entertainment of a subsequent quashing petition would be on the person filing the said petition. (Para 11-13)

Code of Criminal Procedure 1973 - Section 482,362 : Bharatiya Nagarik Suraksha Sanhita 2023 - Section 403 - High Courts while exercising their inherent jurisdiction under Section 482 CrPC cannot override a specific bar laid down by other provisions of CrPC, i.e., to say that the High Court is not empowered to review its own decision under the purported exercise of its inherent powers. (Para 15)

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