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Supreme Court of India 2023-10-30 dismissed

Bhisham Lal Verma vs State of Uttar Pradesh and another

Bench: 2 — C.T. Ravikumar, Sanjay Kumar

In Brief

A public servant accused of embezzlement under the Prevention of Corruption Act filed a first petition challenging only the sanction order, then filed a second petition challenging the charge sheet and cognizance order. The High Court dismissed the second petition as unmaintainable. The Supreme Court upheld this, holding that an accused cannot file successive petitions under Section 482 Cr.P.C. raising different grounds that existed and could have been raised earlier. While changed circumstances may permit a subsequent petition, an accused must raise all available pleas at once and cannot approach the Court with 'instalment pleas.' Permitting successive petitions would enable abuse of process.

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Criminal Procedure Inherent Jurisdiction Abuse of Process Prevention of Corruption Maintainability High Court Powers

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