HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.7444 OF 2007 Date:15.10.2009 Between: P. Akbar Khan and 3 others. ….. Petitioners/Accused. And: The State, rep. By its Public Prosecutor, High Court of A.P and another. ……Respondents. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.7444 OF 2007 ORDER: This petition is filed under Section 482 of the Code of Criminal Procedure to quash charge sheet in C.C.No.475 of 2006 on the file of XIII Chief Metropolitan Magistrate, Hyderabad relating to Crime No.29 of 2004 of Woman Police Station, South Zone, Hyderabad. The defacto-complainant is the erstwhile wife of the accused. The present crime relates to the offence under Section 406 of Indian Penal Code. It is stated that the defacto-complainant obtained divorce from the accused and married again and that in order to harass the accused to extract money from him, the defacto-complainant has resorted to give report to the police in Crime No.29 of 2004. It is further stated that previously, the defacto-complainant gave another report to the police in Crime No.32 of 2002 against the accused alleging the offence under Section 498A of Indian Penal Code and that the proceedings in that Crime were quashed by this Court in Criminal Petition No.5139 of 2005 by the order dated 27.02.2006. Simply because the previous crime relating to the offence under Section 498A of the Indian Penal Code was quashed by this Court, previously, it operates as no legal bar for entertaining the present crime and the case relating to the offence under Section 406 of Indian Penal Code. Causes of action for both the cases are different. At this stage, I do not propose to go into merits of the crime and settlement of dispute between the parties and the alleged certificate issued by the Office of Government Qazi with regard to settlement of Meher-e-Mu-Wajjal, I leave those points to be decided by the trial Court after full trial. As the matter now stands, I do not find any valid and legal reasons to quash the proceedings in C.C.No.475 of 2006 on the file of the XIII Chief Metropolitan Magistrate, Hyderabad. In the result, the Criminal Petition is dismissed. _________________________________ SAMUDRALA GOVINDARAJULU,J 15th October, 2009 GK HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.7444 OF 2007 Gk.