THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.2780 OF 2010 DATED: 08-12-2010 ORDER: This petition is filed under Section 482 of Cr.P.C., for quashing further proceedings in C.C.No.74 of 2009 on the file of the learned Judicial Magistrate of First Class, Mummidivaram, East Godavari District. 2. Heard learned counsel appearing for the petitioners; learned Additional Public Prosecutor representing the 1st respondent-State and the learned counsel for the 2nd respondent. Perused the record. 3. Petitioners are facing prosecution for the offences under Section 188 IPC and Section 133 of the Representation of the Peoples Act in C.C.No.74 of 2009 on the file of the learned Judicial Magistrate of First Class, Mummidivaram, East Godavari District. According to the prosecution, on 03-04-2009, A1 to A5 along with their supporters entered the premises of the office of the Tahsildar, Mummidivaram mandal with a convoy of vehicles in a procession and shouted slogans in violation of the rules of the Model Code of Conduct. 4. The main contention of the learned counsel for the petitioners-A1 to A5 is that the complaint is not maintainable as the same was not filed by the authority, who issued the orders, violation of which is complained of not by any other authority to whom he is subordinate as required under Section 195 Cr.P.C. 5. Section 195 of the Cr.P.C. mandates that no Court shall take cognizance, except on the complaint in writing of the public servant concerned or of some other public servant to whom he was administratively subordinate in respect of the offences under Sections 172 to 188 IPC. 6. In the present case, admittedly, the complaint was not filed either by the authority who promulgated the orders, the violation of which is complained of nor by any other authority to whom he is subordinate. Under those circumstances, taking cognizance of the offence under Section 188 IPC is itself bad in law in view of the bar contained in Section 195 Cr.P.C. Therefore, further proceedings in C.C.No.74 of 2009 on the file of the learned Judicial Magistrate of First Class, Mummidivaram, East Godavari District are held unsustainable and they are accordingly quashed by invoking the inherent powers of the Court under Section 482 Cr.P.C. 7. In the result, Criminal Petition is allowed as stated above. _______________________ G.V.SEETHAPATHY, J 08th December, 2010 Tsy