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2011 Supreme(SC) 689

H.L.GOKHALE, J.M.PANCHAL
A. Subash Babu – Appellant
Versus
State of A. P. – Respondent


Advocates appeared:
D. Rama Krishna Reddy and D. Bhaarathi Reddy, Advs.
Gaurav Pachnanda, Sidhant Goal, Raheel Kohli, Y. Ali, D. Mahesh Babu, P. Venkat Reddy and Anil Kumar Tandale, Advs.

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,





































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