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Judgment
7 paragraphs · 233 wordsSushrut Arvind Dharmadhikari, J
This petition under Section 482 of Cr.P.C. has been filed seeking quashment of FIR registered at Crime No.0088/2022 at Police Station - SPE, Lokayukt Sangathan, Bhopal on 27/04/2022 for the offence punishable under Section 7 of the Prevention of Corruption Act and Section 120-B of the IPC.
2 . After arguing for some time, learned counsel for the applicant prays for withdrawal of this case.
3 . Learned counsel for the respondent - Special Police Establishment, Lokayukt submitted that applicant has already filed M.Cr.C. No.37924/2023 for quashment of the FIR, which is still pending. In the circumstance, this second M.Cr.C. for the same cause of action/relief cannot be filed, which amounts to abuse of process of Court, therefore, the petition be dismissed with heavy cost.
4 . Taking into consideration the fact that for the same relief applicant cannot file this second M.Cr.C., when earlier filed M.Cr.C. is still pending. This fact has been suppressed in the petition.
5 . In such a situation, applicant is permitted to withdraw this M.Cr.C. subject to deposit the cost of Rs.5,000/- in the account of President and Secretary H.C. Employees Union H.C. (Account No.63006406008, Branch Code No. 30528, IFSC NO. SBIN0030528, CIF No. 73003108919) within a period of 15 days from today.
Subject to the aforesaid deposit of cost by the applicant, this present M.Cr.C. shall stands dismissed as withdrawn.