Court Rules Against Pursuing Two Remedies Simultaneously in Criminal Proceedings
In a significant decision, the Rajasthan High Court, Jaipur Bench, has dismissed petitions filed under Section 482 of the Criminal Procedure Code (Cr.P.C.) by Anil Prakash Goyal and others, seeking to quash the framing of charges against them. The Court ruled that pursuing two parallel remedies for the same cause amounts to an abuse of the process of law.
Presided over by Justice Anoop Kumar Dhand, the Court emphasized that once charges have been framed and revision petitions are filed under Section 397 Cr.P.C., a simultaneous petition under Section 482 Cr.P.C. is not maintainable. The Court highlighted that the petitioners had already filed revision petitions challenging the framing of charges, which are pending before the Additional Sessions Judge, Jaipur Metropolitan-I.
The petitioners argued that their Section 482 Cr.P.C. petitions should still be considered, as they aimed to prevent the abuse of the legal process and ensure justice. However, the Court held that the inherent powers under Section 482 Cr.P.C. cannot be exercised when a specific provision, such as a revision under Section 397 Cr.P.C., is available to redress grievances.
The Court also noted that the order of cognizance merges into the order of framing of charges, meaning that any grievance regarding cognizance should be addressed through the revision petition on the framing of charges. By choosing to pursue a revision petition, the petitioners effectively elected their remedy, making the Section 482 petitions redundant.
This judgment underscores the legal principle that litigants cannot "hedge their bets" by pursuing multiple remedies simultaneously for the same cause, as this would lead to an inefficient judicial process and potential misuse of legal avenues. The Court directed the Revisional Court to expedite the hearing of the pending revision petitions and decide on their merits.
Bottom line:-
A litigant cannot pursue two parallel remedies for the same cause simultaneously as it amounts to abuse of the process of law. Once charges are framed and a revision petition is filed under Section 397 Cr.P.C., a petition under Section 482 Cr.P.C. for the same grievance is not maintainable.
Statutory provision(s): Sections 482, 397, 240, 154, 173, 190 of the Criminal Procedure Code, 1973
Anil Prakash Goyal v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2907158
