IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION NO : 5582 of 2009 Between: K.Pawan Kalyan and others . .Petitioners And The State of A.P., rep. By Public Prosecutor and another. .. Respondents THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.5582 of 2009 ORDER : Heard Sri N.Bharat Babu, learned counsel for the petitioners and Sri C.Nageswara Rao, learned Public Prosecutor for the respondents. 2 ) The petitioners are facing prosecution for an alleged offence punishable under Section 188 read with Section 34 of Indian Penal Code. Violation of the instructions of an officer, while the election code is in force, has been said to be constituting the alleged offence. Who that officer is and what instructions he gave were not specified in the charge sheet. The charge sheet does not say that the Sub Inspector of Police, who filed the charge sheet himself was the officer, who gave the instructions and it is evident from the said charge sheet that the District Election Officer and District Collector accorded permission for landing of Helicopter while the Sub Divisional Police Officer, Rajampet accorded permission to organize the road show. The allegation seems to be violation of the said permissions by the petitioners. But, the complaint/charge sheet was not filed either by the District Election Officer and District Collector or by the Sub Divisional Police Officer. Section 195(1)(a) of the Code of Criminal Procedure mandates that it is only on the complaint of the public servant concerned or of some other public servant to whom he is administratively subordinate that too in writing that a Court can take cognizance of an offence punishable under Section 188 of Indian Penal Code. As the present charge sheet/complaint is in violation of the said mandatory provision, the continuance of the criminal proceedings will be an abuse of process of law. 3) Therefore, the further proceedings in the case taken on file by the learned Judicial First Class Magistrate, Rajam on the charge sheet filed in Crime No.56 of 2009 of Mannur Police Station are quashed and the Criminal Petition is allowed. __________________ G. BHAVANI PRASAD, J September 15, 2009 KSH