HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8826 of 2009 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by the petitioner – Accused seeking to quash the proceedings in C.C.No.476 of 2009 on the file of the XVII Additional Chief Metropolitan Magistrate, Hyderabad, whereby she is facing charge for the offence punishable under Section 4 of the A.P.Prevention of Disfigurement of Open Places and Prohibition of Obscene And Objectionable Posters and Advertisements Act, 1997(for short ‘the Act’). 2. Heard both sides. 3. Learned counsel for the petitioner submitted that the offence alleged is under Section 4 of the Act. As per the Act, it is clearly stated that a complaint should be filed before the Court by the person not below the rank of Inspector of Police and further he submitted that as per the Act, the word ‘complaint’ means, a complaint filed before the Court under Section 200 Cr.P.C. The charge sheet filed by the police cannot be construed as a complaint. 4. This Court perused the entire record and also the charge sheet filed by the Investigating Agency. 5. As rightly pointed out by the learned counsel for the petitioner, as per Section 16 of the Act, cognizance of an offence should be taken only on the basis of the complaint filed by the Inspector of Police. But in the present case, the Sub Inspector of Police has filed the complaint. In view of the same, the charge sheet filed by the Investigating Agency cannot be construed as a complaint. 6. Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioner herein in C.C.No.476 of 2009 on the file of the XVII Additional Chief Metropolitan Magistrate, Hyderabad, are hereby quashed. ________________ RAJA ELANGO, J. 22nd February 2011, Rns.