The appellant approached the High Court with a petition under Section 438 of the Cr.
P.C. By the impugned order dated 7.3.2017, the petition was rejected on the ground that the appellant had filed a petition earlier and the same had been withdrawn and, therefore, the appellant cannot be allowed to re agitate the matter on merits.
KURIAN, J. Leave granted.
In the nature of order we propose to pass in this appeal, it is number necessary to issue numberice, since we propose to send the matter back to the High Court.
P.C. was filed, the High Court should have companysidered the same on merits.
