HEMANT SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This repeat application under Section 482 of CrPC has been filed for quashment of criminal proceedings pending in the Court of JMFC, Lahar, District Bhind in Criminal Case No. 19/2018 RCT, by which the closure report filed by the police in Crime No.56/2006 registered under Section 25/27 of Arms Act was rejected and the cognizance for offence under Section 25(1-b)(a) of Arms Act has been taken.

(2.) It is the case of the applicant that against the impugned order dated 30.12.2017, by which the cognizance was taken, the applicant had earlier filed an application under Section 482 of CrPC, which was registered as M.Cr.C. No.9175/2018 and by order dated 02.08.2018, the said application was rejected and the order dated 30.12.2017 was affirmed. However, it is submitted that this Court has not considered as to whether the cognizance, which was taken by the Court below, was in accordance with the provisions of Section 468 of CrPC or not as the cognizance was taken beyond the statutory period without condoning the delay. To buttress the contention of maintainability of successive application, counsel for the applicant has relied upon the judgment passed by the Supreme Court in the case of Anil Khadkiwala Vs. State (Government of NCT of Delhi) and another , 2019 17 SCC 294.

(3.) Per contra, it is submitted by the counsel for the State that the judgment passed in the case of Anil Khadkiwala (supra), is distinguishable on facts. However, the successive application for the similar relief under Section 482 of CrPC is not maintainable.