IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7358 OF 2009 Between: Sri Katti Padma Rao, S/o. Subba Rao, Caste: Mala, Aged about 56 years, R/o Lumbini Vanam, Ponnure, Guntur District …Petitioner / Accused AND The State of A.P., Rep. By Public Prosecutor, High Court of Andhra Pradesh. and another. …Respondents THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7358 of 2009 ORDER : Heard Sri T.K.Sridhar, learned counsel for the petitioner and Sri A.Ramesh, learned counsel representing learned Public Prosecutor for both the respondents. 2) The petitioner and 10 others are facing prosecution in C.C. No.137 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Tenali, Guntur District for the alleged offences punishable under Sections 143 and 188 of the Indian Penal Code and Section 30A of the Police Act, 1861. The charge sheet states that the petitioner had taken permission from the concerned, but it was violated while conducting the election campaign, which resulted in breach of peace and public tranquility. The accused were also alleged to have caused interruptions to the traffic by their acts. 3) Either the first information report or the charge sheet did not mention as to which authority granted the permission to the petitioner herein and in what manner such permission was violated. Obviously it is not the Sub Inspector of Police, who filed the charge sheet, who granted the said permission. In case of committal of any offence under Section 188 of Indian penal Code due to violation of any order promulgated by a public servant lawfully empowered to promulgate such an order, a complaint can be taken cognizance by any Court only if it was made by the public servant concerned or his superior and not in any other manner. In view of the mandatory provision of Section 195(1)(a) of Code of Criminal Procedure that has been violated, the complaint/charge sheet is legally incompetent. The alleged offence punishable under Section 30A of the Police Act, 1861 cannot be said to be even prima facie present when it is not known as to whether the permission referred to in the first information report and the charge sheet was one given under the provisions of the said Act. Similarly if permission was taken for the election campaign, people gathering for such campaign cannot be considered to be a gathering of unlawful assembly to constitute the offence under Section 143 of Indian Penal Code. For these reasons, any continuance of the further proceedings in the criminal case will be an abuse of process of law. As the complaint/charge sheet is in violation of Section 195(1)(a) of Code of Criminal Procedure, though the other accused are not parties in this criminal petition before this Court, the entire proceedings have to be quashed. 4) Therefore, the further proceedings in C.C. No.137 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Tenali, Guntur District are quashed and the Criminal Petition is allowed accordingly. __________________ G. BHAVANI PRASAD, J September 17, 2009 KSH