THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7390 of 2011 ORDER: This criminal petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-A.2 seeking to quash the proceedings in C.C.No.378 of 2010 on the file of the VI Additional Munsif Magistrate, Guntur, for the offences punishable under Sections 188, 341 of Indian Penal Code and 32 of the Police Act. The allegations against the petitioners-accused are of conducting a public meeting on the road keeping many vehicles on the road and addressing the gathering of about 200 people of P.R.P. group and causing obstruction for the traffic on the road without any permission from the competent authority to conduct such a meeting though prohibitory orders under Section 30 of the Police Act were in force. Heard. As far as offence punishable under Sections 188 and 341 of Indian Penal Code is concerned, Section 195 (1) (a) Cr.P.C. mandates that no Court shall take cognizance of the offence under Section 188 IPC except on the complaint in writing by the public servant who promulgated the order or a person to whom such a public servant is administratively subordinate. The present charge sheet has been filed by the Sub-Inspector of Police, who is not the person promulgated the order under Section 30 of the Police Act, 1861. Thus, the charge sheet is said to have violated the mandatory provision under Section 195 (1) (a) Cr.P.C. As far as the offence under Section 32 of the Police Act is concerned, the Police proceedings do not refer to any order promulgated under Section 30 of the Police Act, the violation of which only could have led to attribution of such an offence to the petitioner. Under the above said circumstances, the proceedings against the petitioner/A.2, are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/A.2 in C.C.No.378 of 2010 on the file of the VI Additional Munsif Magistrate, Guntur, are hereby quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. _________________ RAJA ELANGO,J Date:23.08.2011. Gk. THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7390 of 2011 Date: 23.08.2011 Gk.