Quashing of FIR--Anticipatory Bail Dismissed--Larger Relief of Quashing Not Maintainable Without Material Change in Circumstances or Submission to Process of Law
A petition for quashing of FIR under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is not maintainable immediately following dismissal of anticipatory bail, absent any material change in circumstances. Seeking a larger relief of quashing after failure to secure the lesser relief of anticipatory bail is legally incongruous. A litigant who evades surrender and investigation cannot invoke equitable jurisdiction of the Court. However, dismissal of a quashing petition does not bar a subsequent application for anticipatory bail, as liberty under Article 21 remains a sacrosanct constitutional value.
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