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 : 7381 of 2009 Between: B.V.Krishna Rao . .Petitioner And The State of A.P., rep. By Public Prosecutor. .. Respondent THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7381 of 2009 ORDER : Heard Sri Narasimha Rao Gudiseva, learned counsel for the petitioner and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for the sole respondent. 2) The petitioner is facing prosecution in S.T.C.No.115 of 2009 along with 7 others before the II Class Special Judicial Magistrate at Chilakaluripet under Section 188 of Indian Penal Code for the alleged violation of the proceedings of the Sub Divisional Police Officer, Narsaraopet in C.No.138/SDPO-NRT/2009, dated 03.03.2009 promulgated under Section 30 and Section 30A of the Police Act, 1861. However, the charge sheet was filed by the Sub Inspector of Police, Chilakaluripet Police Station in respect of the alleged violation of the proceedings of the Sub Divisional Police Officer, which is contrary to the mandatory provisions of Section 195(1)(a) of the Code of Criminal Procedure. Under the said provision, no Court shall take cognizance of an offence punishable under Section 188 of Indian Penal Code except upon a complaint in writing of the public servant concerned or of any other public servant to whom such public servant is subordinate. In view of the said violation, the further criminal proceedings will be an abuse of process of law. 3) As the complaint/charge sheet is found to be in violation of Section 195(1)(a) of the Code of Criminal Procedure and is legally unsustainable, the proceedings have to be quashed against all the accused though accused Nos.1 to 7 are not parties to the present criminal petition. 4) Accordingly, the further proceedings in S.T.C.No.115 of 2009 on the file of II Class Special Judicial Magistrate, Chilakaluripet are quashed and the Criminal Petition is allowed. __________________ G. BHAVANI PRASAD, J September 15, 2009 KSH