POONAM CHAND Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) When a Court is going to dismiss an application filed under Section 438 Cr.P.C. or 439 Cr.P.C. on merits, then so many times, the petitioner prays for dismissal of his petition "as not pressed". When a petition is dismissed as "not pressed", virtually that is a dismissal of application or merits. Following ruling of the Hon'ble Supreme Court may be referred in support of my view:

(2.) When an application under Section 439 Cr.P.C. is dismissed by the Court then after change of circumstances, a second application under Section 439 Cr.P.C. can be moved before the same Court or before the higher Court. State of M.P. v. Kajad, 2001 CrLR 566, may be referred here. But in case, application under Section 438 Cr.P.C., is dismissed once, even as "not pressed", then second application under Section 438 Cr.P.C. cannot be entertained by the Sessions Court as was held in the following rulings:

(3.) In Ganesh Raj's case it was specifically mandated by the Full Bench of the Rajasthan High Court that in no case, second application for anticipatory bail will be entertained by Sessions Judge or Addl. Sessions Judge.