THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 9172 of 2010. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in S.T.C.No. 44 of 2004 on the file of the IV Additional District Munsiff Magistrate, Chittoor. I have heard the learned Counsel for the petitioners and the learned Additional Public Prosecutor representing the State. The allegation against the petitioners is that the 1st petitioner contested for the post of Member of Parliament for Chittoor Constituency and the 2nd petitioner contested as a Member of Legislative Assembly for Palamaner Assembly Constituency on behalf of the Congress-I Party during 2004 elections and that the petitioners have taken out a procession on 22.4.2004 without permission from the Sub-Divisional Police, Officer at Mogili Venkatagiri and that they have used more than three vehicles and exploded crackers and caused obstruction to vehicular traffic and also caused annoyance to the general public. The Sub-inspector of Police, Bangarupalem registered a case in Cr.No. 43 of 2004 against the petitioners for the offences under Sections 32 of Police Act 1861 and under Section 188 IPC, which was numbered as STC.No. 44 of 2004 on the file of the IV Additional District Munsiff Magistrate, Chittoor. Section 30 of the Police Act lays down that only the Superintendent or the Assistant Superintendent of Police of the District can promulgate the order and none else and that 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 his immediate subordinate. In the present case admittedly, the charge sheet has been filed by the Sub-inspector of Police, Bangarupalem, who is not the person promulgated the order under Section 30 of the Police Act, 1861 and since the charge sheet has been filed in violation of the mandatory provisions of Section 195 (1)(a) Cr.P.C. the trial court ought not to have taken cognizance of the offences against the petitioners and therefore the charge sheet is liable to be quashed. Accordingly, the proceedings in S.T.C.No. 44 of 2004 on the file of the IV Additional District Munsiff Magistrate, Chittoor are quashed. The criminal petition is allowed. _______________________ R.KANTHA RAO,J 17.09.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 9172 of 2010. ORDER: Dt. 17.09.2010.