IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION NO : 4422 of 2009 Between: Dr.K.Chiranjeevi and others . .Petitioners And The State of A.P., rep. By Public Prosecutor. .. Respondent THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.4422 of 2009 ORDER : Heard Sri P.Gangaiah Naidu, learned senior counsel for the petitioners and Sri C.Nageswara Rao, learned Public Prosecutor for the sole respondent. 2) The first information report in Crime No.84 of 2009 on the file of Nellore IV Town Police Station, Nellore District was registered against the petitioners and others in pursuance of police proceedings in respect of the alleged offences committed under Sections 188 and 286 of the Indian Penal Code and Section 30 of the Police Act, 1861. The police proceedings state that the police party found the petitioners and others to have reached R.T.C. bus stand center, Nellore by about 11.00 in the night and even when they were informed that the time for canvassing in the elections was over and that no canvassing should be done and no crackers should be exploded, still they continued the same. They were also claimed to have been informed that the same will be an offence under Sections 188 and 286 of the Indian Penal Code, Section 30 of the Police Act. The police proceedings further say that not heeding the words of the police officer is an offence under Section 188 of Indian Penal Code. 3) The police proceedings saying that nobody has come forward to act as a mediator as all the persons gathered there were the fans of the 1st petitioner is too far fetched and apart from the absence of any independent mediator or witness to support the contents of the police proceedings, concerning the alleged violation of Section 30 of the Police Act, the proceedings never alleged that any order under Section 30 of the Police Act has been duly promulgated by the competent authority or that any such order had been given general or special notice to the persons concerned so as to attribute any culpable conduct to them for violation of such an order. The police proceedings also do not show that after information that crackers should not be exploded after 11.00 P.M, anybody has exploded any cracker, so as to attract an offence under Section 286 of Indian Penal Code. It is not the mere refusal to heed the advice of the police officer that can be an offence under Section 188 of the Indian Penal Code and it is only a violation of an order duly promulgated by a public servant who is lawfully empowered to promulgate such an order that constitutes an offence under Section 188 of the Indian Penal Code. It is only the said public servant or his superior that can file a complaint as per Section 195(1)(a) of the Code of Criminal Procedure but not the Sub Inspector of Police, who registered this crime. Thus, the police proceedings ex facie do not disclose the possibility of any successful prosecution of the petitioners for the alleged offences punishable under Sections 188 and 286 of the Indian Penal Code or Section 30 of the Police Act, under which circumstances, any continuance of the said criminal proceedings will be an abuse of process of law. 4) Therefore, the further proceedings in Crime No.84 of 2009 of Nellore IV Town Police Station are quashed and the Criminal Petition is allowed accordingly. __________________ G. BHAVANI PRASAD, J September 15, 2009 KSH