A SUBASH BABU Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2010-2-79
HIGH COURT OF ANDHRA PRADESH
Decided on February 26,2010

A.SUBASH BABU Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents





Cited Judgements :-

NATASHA KOHLI VS. MAN MOHAN KOHLI [LAWS(DLH)-2013-2-201] [REFERRED TO]


JUDGEMENT

- (1.)This petition is filed by the sole accused under Section 482 CrPC, for quashing proceedings in CC No. 820 of 1996 on the file of Judicial Magistrate of the First Class, (West and South), Ranga Reddy District relating to offences punishable under Sections 494, 495, 420, 417, 498A IPC.
(2.)Previously, the petitioner filed crimi-nal petition No.812 of 2001 in this Court for the self same relief and it was withdrawn by the petitioner and the petition was ac-cordingly dismissed by order dated 9.4.2005 by which the petitioner was given liberty to file afresh petition if he is so advised. After few days thereof, the petitioner came up with the present petition on 9.5.2005 forquashing proceedings in the criminal case. It is not known for what purpose it was pre-viously withdrawn and on what new grounds the present petition is filed,
(3.)It is alleged that the accused cheated the victim woman and her parents by stat-ing that his first wife died after delivering two of his children who are studying by stay-ing in a hostel, even though his first wife by name Sarda is very much alive and living with him at Avanthinagar near Erragadda, and that by making the said false and fraudulent representation, the accused mar-ried the victim woman at Yadagirigutta on 9.10.1994, and that the accused collected total amount of Rs. 28,000 from father of the victim woman towards hand loan on the false plea that he was constructing his own house at Borabanda; and that the accused further demanded Rs.20,000 from him and threatened the victim and her father with dire consequences by showing his licensed revolver and that several times the accused tried to snatch away gold ornaments from the victim's person by threatening her with dire consequences and that the accused de-manded to part with her gold ornaments together with cash of Rs. 15,000 from her parents and that when his additional de-mand was not fulfilled, the accused threat-ened the victim and her father by saying that he would wipe out evidence of his mar-riage with the victim at Yadagirigutta in a Choultry by destroying all photographs and negatives and would walk out of their house. The petitioner/accused was then working as Sub-Inspector of Police in Intelligence Wing of the Police Department at Hyderabad. Truth or otherwise of all allegations in the charge -sheet as well as in First Informa-tion Report have to be adjudged by the trial Court after both the parties leading their oral and documentary evidence during trial before the lower court.


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