MANEESH GOOMER Vs. STATE

JUDGEMENT

(1.) By the present petition the Petitioner seeks quashing of FIR No. 14/2011 registered under Section 174-A IPC at PS Farsh Bazar.

(2.) Before adverting to the facts of the case it may be noted that the Petitioner had earlier filed a W.P.(CRL) 412/2011 before this Court with the same prayer seeking quashing of the abovementioned FIR and the proceedings arising therefrom. The said writ petition came up for hearing before this Court on 25th March, 2011 when notice was issued and the Respondent/State was directed to file a reply. The matter was listed on 18th July, 2011 after a status report was filed by the State. On 18th July, 2011 after the matter was heard, learned counsel for the Petitioner realizing that the Court was not inclined to grant any relief, sought leave to withdraw the said petition, which was permitted to be withdrawn.

(3.) On a preliminary issue regarding the maintainability of the present petition posed to the learned counsel for the Petitioner, reliance is placed on Daryao and Ors. Vs. State of U.P. and Ors., 1961 AIR(SC) 1457to contend that if a petition is dismissed as withdrawn, it cannot be a bar to a subsequent petition under Article 32 of the Constitution because in such a case there has been no decision on the merits by the Court. No doubt it would not constitute a bar of res-judicata but certainly propriety does not permit the Courts to entertain repeated petitions for the same prayer when the Petitioner as seeing that no relief is being granted, cleverly withdraws the petition.