JUDGMENT

J.M. Panchal, J.

1. Leave granted.

2. This appeal by grant of Special Leave, questions the legality of judgment dated 26.02.2010, rendered by the learned Single Judge of the High Court of Judicature, Andhra Pradesh in Criminal Petition No. 2426 of 2005 by which the prayer made by the Appellant, a Police Officer, to quash the proceeding in C.C. No. 820 of 1996 initiated for commission of offences punishable under Sections 498A, 494, 495, 417 and 420 IPC, has been partly allowed by quashing proceedings insofar as offence punishable under Section 498A IPC is concerned, whereas the proceedings relating to the offences punishable under Sections 494, 495, 417 and 420 IPC are ordered to continue against the Appellant.

3. The appeal arises in the following circumstances:

The Respondent No. 2 is the original complainant. According to her, the Petitioner who is Sub-Inspector of Police, cheated her and her parents by stating that his first wife had died after delivering two children who are studying and staying in a hostel, even though his first wife by name Sharda is very much alive and living with him at Avanthinagar near Erragadda and thus by making false and fraudulent representation, the Appellant married with her at Yadagirigutta on 09.10.1994. The case of the Respondent No. 2 is that the Appellant had collected total amount of Rs. 28,000/- from her father towards hand loan on the false plea that he was constructing his own house at Borabanda and the Appellant further demanded a sum of Rs. 20,000/-from her father and when her father expressed inability to pay the amount, the Appellant threatened the complainant and her father with dire consequences by showing his licensed revolver. According to the complainant, several times the Appellant had tried to snatch away gold ornaments put on by her by threatening her with dire consequences and had demanded gold ornaments together with cash of Rs. 15,000/- from her parents. The case of the Respondent No. 2 is that when additional demand was not fulfilled the Appellant had threatened her and her father again by saying that he would wipe out the evidence of his marriage with the complainant which had taken place at Yadagirigutta by destroying all the photographs and negatives and would walk out of her life. Thus feeling aggrieved by the acts of the Appellant in cheating her, committing bigamy and meting out cruelty to her for dowry, etc., the Respondent No. 2 lodged FIR dated 26.05.1995 with Ranga Reddy Police Station, Balanagar and prayed to take appropriate action against the Appellant for alleged commission of offences under Sections 498A and 420 IPC.

4. The Investigating Officer, investigated the FIR lodged by the Respondent No. 2 and submitted charge sheet in the Court of learned Judicial Magistrate, First Class, Hyderabad, West and South Court, R.R. District at Kothapet, Sarunagar for commission of offences punishable under Sections 494, 495, 417, 420 and 498A IPC. On receipt of the charge sheet the learned Magistrate took cognizance of the offences and summoned the Appellant. The record shows that earlier Criminal Petition No. 812 of 2001 was filed by the Appellant before the High Court to quash the proceedings initiated pursuant to C.C. No. 820 of 1996 pending on the file of the learned Judicial Magistrate. However, the said petition was withdrawn by the Appellant and therefore the petition was dismissed by the High Court vide order dated 09.04.2005 reserving liberty to the Appellant to file a fresh petition in case of necessity. After few days thereof, the Appellant filed Criminal Petition No. 2426 of 2005 in the High Court for quashing the proceedings in the Criminal Case pending before the learned Magistrate. The record does not indicate as to why Criminal Petition No. 812 of 2001 filed by the Appellant in which similar relief's as claimed in Criminal Petition No. 2426 of 2005, were claimed, was withdrawn and which were the new/additional circumstances/grounds which prompted th