C482/1386/2023
2023 Latest Caselaw 1821 UK

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                                     C482 No.1386 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Pramod C Nair, Advocate, for the applicant.

Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

The earlier C482 application preferred by the present applicant being C482 No.799 of 2023, was dismissed on 26.04.2023, because of the concealment of certain vital facts, which could have had a vital bearing on the C482 application itself. It's that after the dismissal of the C482 application, and without putting a challenge to the judgment dated 26.04.2023, before the Hon'ble Apex Court, that this second C482 application has been preferred for the same cause of action seeking modification of the clause 4 of the order dated 16.03.2023, as passed by the Judicial Magistrate.

This Court is of the opinion that in a nutshell, the sum and substances of the present case is almost akin to the one, which already stood decided by this Court by the order dated 26.04.2023, because the applicant has not approached the Court with clean hands. Hence, a fresh chapter cannot be permitted to be opened in relation to the cause, which stood closed by the order dated 26.04.2023.

Hence, this C482 application is declined to be ventured into on the pretext as argued by the learned counsel for the applicant, that it a mercy petition. The criminal law is not governed by the mercy. It is governed by the Statutes, and this C482 application since being a consecutive C482 application for the same cause, will not be maintainable, and the same is accordingly dismissed.

(Sharad Kumar Sharma, J.) 13.07.2023 NR/