THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2158 of 2011 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings against him in C.C.No.146 of 2009 on the file of IV Additional Junior Civil Judge, Guntur, whereby he is facing charge for the offence punishable under Section 188 of IPC. The allegation against the petitioner is of using the car bearing No.AP 12 E 3555 fitted with beycon lights for making propaganda on behalf of the Congress Party contesting candidates for the ensuing election without taking required permission from the Returning Officer and thereby violated the election code of conduct. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. As far as offence punishable under Section 188 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. In this case, the present complaint is filed by some persons belonging to opposite party, admittedly, they are not the persons, who promulgated the prohibitory order. Hence, the proceedings are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings pending against the petitioner in C.C.No.146 of 2009 on the file of the IV Additional Junior Civil Judge, Guntur, are hereby quashed. Miscellaneous petitions filed along with the Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 9th March 2011 Rns