Uttarakhand High Court
C482/1/2024 on 25 March, 2026
2025:UHC:2520
Office Notes, reports,
orders or proceedings
SL.
No.
Date or directions and COURT'S OR JUDGE'S ORDERS
Registrar's order with
Signatures
C482/1/2024
Hon'ble Alok Mahra, J.
Mr. Rajendra Dobhal, learned senior counsel assisted by Mr. Prince Chauhan, learned counsel for the applicant.
2. Mr. Shailendra Singh Chauhan, learned Deputy A.G. along with Mr. Vikash Uniyal, learned Brief Holder for the State.
3. Mr. A.S. Rawat, learned senior counsel assisted by Mr. Harshit Sanwal, learned counsel for respondent no.3.
4. Present application under Section 482 of the Code of Criminal Procedure has been filed seeking quashing of Charge-sheet No. 02-16A/2020 dated 29.08.2020 as well as the summoning/cognizance order passed in Criminal Case No. 866 of 2023, pending before the Court of learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital. The applicant has also prayed for a direction to initiate proceedings under Section 340 Cr.P.C. r/w 195 Cr.P.C. against respondent nos. 3 and 4 on the allegation that they have intentionally given false evidence by filing a counter affidavit and a supplementary affidavit before this Court. A further direction has been sought to the Registrar General of this Court to lodge an appropriate complaint against the said respondents.
5. Learned Senior Counsel appearing for the applicant would submit that the dispute between the parties essentially pertains to the land belonging to the applicant situated at village Chhoi, Ramnagar; that, the applicant is the lawful owner of the land in question and the criminal proceedings have 2025:UHC:2520 been initiated only as a result of a conspiracy hatched by the private respondents in order to pressurize the applicant to relinquish his land; that, a bare perusal of the charge-sheet would reveal that the essential ingredients of the offences punishable under Sections 307 and 120-B of I.P.C. are not made out. According to the learned counsel, the charge- sheet does not disclose any overt act, intention, or participation attributable to the present applicant which could constitute an offence of attempt to murder, therefore, the criminal proceedings would amount to abuse of the process of the Court.
6. Per contra, learned Senior Counsel appearing for respondent no. 3 would submit that the present application under Section 482 Cr.P.C. is not maintainable. It is pointed out that the applicant had earlier approached this Court by filing Criminal Miscellaneous Application under Section 482 Cr.P.C. No. 323 of 2021 challenging the very same charge-sheet, i.e., Charge-sheet No. 02- 16A/2020 dated 29.08.2020 and the said application was dismissed on merits by a Coordinate Bench of this Court vide judgment and order dated 05.04.2022. It is thus contended that the present application, being a second petition under Section 482 Cr.P.C. against the same charge-sheet is barred and liable to be dismissed.
7. In reply, learned Senior Counsel for the applicant would submit that the present application is maintainable as certain developments have taken place subsequent to the dismissal of the earlier petition. It is argued that the statements of the witnesses have now been recorded during trial and those statements reveal material contradictions which demonstrate that the 2025:UHC:2520 prosecution case is false. It is further contended that in such circumstances a second petition under Section 482 Cr.P.C. would be maintainable. In support of the said submission, reliance has been placed upon the judgment of the Hon'ble Supreme Court in M.C. Ravikumar vs. D.S. Velmurugan and Others, 2025 SCC OnLine SC 1498.
8. Heard learned counsel for the parties and perused the material available on record.
9. It is not in dispute that the applicant had earlier challenged the very same charge- sheet by filing Criminal Miscellaneous Application under Section 482 Cr.P.C. No. 323 of 2021 before this Court and the said application was dismissed on merits by a Coordinate Bench vide judgment and order dated 05.04.2022.
10. The Hon'ble Supreme Court has consistently held that successive petitions under Section 482 Cr.P.C. seeking quashing of the same proceedings are ordinarily not maintainable once the earlier petition has been decided on merits, unless there is a substantial change in circumstances or new material of sterling and unimpeachable character which was not available earlier. The inherent jurisdiction under Section 482 Cr.P.C. cannot be invoked repeatedly to re- agitate the same issues which have already been adjudicated.
11. In M.C. Ravikumar vs. D.S. Velmurugan and Others (2025 SCC OnLine SC 1498), the Hon'ble Apex Court has indeed observed that a subsequent petition under Section 482 Cr.P.C. may be maintainable where there is a significant change in circumstances or where new material surfaces which fundamentally alters the 2025:UHC:2520 nature of the case. However, the Supreme Court has also cautioned that such jurisdiction cannot be exercised merely to reconsider issues that have already been examined and decided earlier.
12. In the present case, the applicant has not been able to demonstrate any such exceptional circumstance or new material which would justify entertaining a second petition under Section 482 Cr.P.C. against the same charge-sheet and summoning order. The recording of statements of witnesses during trial, by itself, does not constitute a change of circumstance of such nature which would warrant interference by this Court in exercise of its inherent jurisdiction, particularly when the earlier petition challenging the proceedings has already been dismissed on merits.
13. In view of the above facts and the settled legal position, this Court is of the considered opinion that the present application is not maintainable and does not warrant interference under Section 482 Cr.P.C.
14. Accordingly, the present application under Section 482 Cr.P.C. is dismissed.
15. No order as to costs.
MAM Digitally signed by MAMTA RANI (Alok Mahra, J.) DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, TA 2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bf0 9a6d67ebbd642671329b, 25.03.2026 Mamta postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9 RANI cabfd54852c9e68911ca8b66d d26690a191648ab5d8dd004ef 0, cn=MAMTA RANI Date: 2026.03.31 10:38:45 +05'30'