SECOND 482 CRPC PLEA ON OLD GROUNDS NOT MAINTAINABLE: SUPREME COURT

SECOND 482 CRPC PLEA ON OLD GROUNDS NOT MAINTAINABLE: SUPREME COURT

In the case of M.C. Ravikumar v. D.S. Velmurugan & Ors., the Supreme Court dealt with the maintainability of successive quashing petitions under Section 482 CrPC. The appellant had repaid loans taken from the respondents and sought the return of his property documents. Upon their refusal and alleged fraudulent sale of his Thanjavur property, he filed a criminal complaint. The accused first sought quashing of the complaint, which was dismissed by the Madras High Court in 2021. After six months, a second quashing petition—based on the same grounds—was filed and allowed by the High Court. The Supreme Court reversed this order, holding that no new grounds were presented in the second petition. It ruled that allowing such petitions would amount to an impermissible review barred under Section 362 CrPC (now Section 403 BNSS). The Court emphasized that inherent powers under Section 482 CrPC cannot override statutory bars and allowing repetitive petitions on the same grounds would amount to abuse of process. The original complaint was restored for trial.