THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.8102 of 2009 ORAL ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings in C.C.No.245 of 2009 on the file of the Court of I Additional Judicial Magistrate of First Class, Tenali, Guntur district. The petitioners are facing prosecution for the alleged offences punishable under Sections 188, 341 read with Section 34 IPC and Section 30-A of A.P. Police Act, 1861 on the allegation that on 22.3.2009 they were found conducting public meeting on public road without any permission from the police and violating the promulgation orders under Section 30 of A.P. Police Act, 1861 and caused inconvenience to the passersby, the case was registered in Cr.No.64 of 2009 under Sections 188, 341 read with Section 34 IPC and Section 30-A of A.P. Police Act on the file of I Town P.S. Tenali. Heard both sides and perused the material available on record. As far as the offence punishable under Section 188 IPC is concerned, Section 195(1)(a) Cr.P.C. mandates that no Court shall take cognizance of the offence punishable under Section 188 IPC except on a complaint given in writing by the public servant who promulgated the order or a person to whom such a public servant is administratively subordinate. The present charge sheet was filed by the Sub-Inspector of Police, who is not the person who promulgated the order under Section 30 of the Police Act, 1861. Thus, the mandatory provisions of Section 195(1)(a) Cr.P.C are violated. Therefore, the proceedings against the petitioners-accused are liable to be quashed. Accordingly, the criminal petition is allowed and the proceedings against the petitioners-accused in C.C.No.245 of 2009 on the file of the Court of I Additional Judicial Magistrate of First Class, Tenali, Guntur district are hereby quashed. ________________________ G.KRISHNA MOHAN REDDY, J Dated: 28-12-2011 DA THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.8102 of 2009 28.12.2011 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.8102 of 2009 Date: 28th December, 2011 Between: Tadiboina Srinivasa Rao .. Petitioners/Accused And The State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad. .. Respondent/Complainant