Smt. V. Hima Bindu v. The State Of A.P.,Rep.,Pp

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7613 of 2015 ORDER :

This Criminal Petition is filed by the petitioner/accused under Section 482 Cr.P.C seeking to quash the proceedings in Crl.M.P. No.4689 of 2014 in C.C.No.225 of 2011 on the file of III Metropolitan Magistrate, Visakhapatnam.

Heard the learned counsel for the petitioner and also the respondent-State represented by the Public Prosecutor before admission and perused the material on record.

It is not dispute of the fact that Crl.P.No.2467 of 2013 is filed by the petitioner/accused impugning the cognizance taken by the learned Magistrate as C.C.No.225 of 2011 for the offence punishable under Section 500 I.P.C. on the private complaint of the 2nd respondent/de facto complainant and it is after the cognizance taken, N.B.W. was issued on 18.01.2013 and the present quash petition is filed subsequent to that date.

Having regard to the above, there is a remedy to file interlocutory application to suspend N.B.W. and thereby separate quash petition is not entertained.

Accordingly, this criminal petition is closed with liberty to work out the remedies in Crl.P.No.2467 of 2013.

The miscellaneous petitions, if any pending, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date:01-09-2015 pab