THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.12763 of 2010 ORDER: This Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.883 of 2008 on the file of the III Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District, stating that the continuance of the said C.C., at the instance of the Sub- Inspector of Police, Law and Order, S.R.Pet Police Station, Vijayawada, is nothing but an abuse of process of the Court. Learned counsel for the petitioner submitted that the said complaint registered against the petitioner, at the instance of the Sub-Inspector of Police, Law and Order, S.R.Pet Police Station, Vijayawada, is for the offence punishable under Section 188 I.P.C. and hence, the same cannot be maintainable in view of Section 195(1) Cr.P.C. In the light of the said submission, this Court looked into the material papers. Apparently, the charge sheet is filed alleging the offence punishable under Section 188 IPC, which deals with disobedience to order duly promulgated by public servant. According to Section 195 (1) Cr.P.C., no Court shall take cognizance of any offence punishable under Sections 172 to 188 I.P.C., except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. In the instant case, the order was passed by the Collector, Krishna District, as such, if the said order is not implemented or if there is any disobedience of the same, it is only the Collector or some other public servant who is administratively subordinate to him can file a complaint against the petitioner for the offence under Section 188 I.P.C. However, on a perusal of the complaint, it is clear that the Sub-Inspector of Police, Law and Order Police Station, S.R.Pet Police Station, Vijayawada, filed the said complaint, who is not competent to do so and as such, the said complaint itself is not maintainable. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.883 of 2008 on the file of the III Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District, are hereby quashed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 22nd December 2010 DR