Second 482 CrPC Petition Not Maintainable Merely on Ground Not Raised Earlier: Supreme Court

The Supreme Court has held that a second quashing petition under Section 482 CrPC is not maintainable if it relies on grounds that were available but not argued in the first petition.

Setting aside the Madras High Court’s order allowing such a plea, the Court held it amounted to an impermissible review in violation of Section 362  CrPC and the doctrine of constructive res judicata.

The court said the High Court’s action plainly reviewed its earlier decision without any fresh circumstances.

Citing Bhisham Lal Verma v. State of UP, the Court emphasised that inherent powers cannot override settled procedural safeguards. (M.C. Ravikumar Versus D.S. Velmurugan & Ors)