P.Parthasarathi v. Thestate Of Ap., Sho., Ps. Banjarhills, Hyderabad.

SMT JUSTI CE T.RAJANI CRI MI NAL PETI TI ON No.1 1 0 9 0 OF 2 0 1 1 ORDER:

This petition is filed seeking for quash of the proceedings against the petitioners, who are the accused, in Crime No.1012 of 2011 on the file of the Banjara Hills Police Station. The offences alleged are under Sections 420, 406, 506 and 120(b) r/ w 34 IPC.

2.

Heard the counsel for the petitioners and the Public Prosecutor appearing for the 1st respondent. None appears for the 2nd respondent in spite of notice.

3.

The counsel for the petitioners submits that the complainant earlier filed similar complaint mentioning the names of these petitioners also, against which quash petition viz., Crl.P.No.10492 of 2011 was filed and the same was dismissed by order, dated 01.11.2011, considering that the matter has to be investigated. Hence, the complainant again filed this compliant with the same allegations.

4.

A perusal of the earlier complaint shows that allegations are made against the husband of the complainant i.e, K.Mahesh Babu and also against these petitioners, which are alleged in the present complaint as well.

5.

In view of the fact that the investigation into similar allegations leveled against the petitioners in the earlier complaint is pending, this court opines that continuation of further

proceedings against the petitioners would only result in abuse of process of law.

6.

With the above observations, the Criminal petition is allowed and the proceedings in Crime No.1012 of 2011 on the file of the Banjara Hills Police Station, against the petitioners are hereby quashed.

As a sequel, the miscellaneous applications, if any, shall stand closed.

___________________ JUSTI CE T. RAJANI October 3, 2018 LMV