THE HON'BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION No.7943 of 2009 ORDER: 1 This criminal petition is filed under Section 482 Cr.P.C. seeking to quash proceedings in Cr.No.15 of 2009 on the file of I-Town Police Station, Madanapalle, Chittoor district. 2 I have heard the learned Counsel for the petitioners and the learned Additional Public Prosecutor representing the State. 3 The allegation against the petitioners is that, without permission from the Sub Divisional Police Officer, they organised a road show wherein Chiranjeevi, President of Praja Rajyam Party had addressed the public at Neerugattivaripalle junction of Madanapalle on 23.01.2009 by using mikes and loud speakers in connection with the elections to the A.P. State Assembly and Lok Sabha and caused obstruction to vehicular traffic and also caused annoyance to the general public. The Sub- inspector of Police, Madanapalli I Town Police station registered the case in Cr.No.15 of 2009 against the petitioners for the offences punishable under Sections 147, 341 and 188 of IPC, Section 4 of A.P. Traffic Control Act and Section 3(10) of Town Nuisance Act. 4 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 can do so and Section 195 (1) (a) Cr.P.C. mandates that no Court shall take cognizance of the offence punishable under Section 188 IPC except on the complaint in writing given by the Public Servant who promulgated the order or his immediate subordinate. In the present case admittedly, the charge sheet was filed by the Sub- inspector of Police, Madanapalli I Town Police station, who was not the person who promulgated the order under Section 30 of the Police Act, 1861 because the charge sheet was filed in violation of the mandatory provisions of Section 195 (1)(a) Cr.P.C, the proceedings impugned in this Criminal Petition are liable to be quashed. 5 Accordingly, the proceedings in Cr.No.15 of 2009 on the file of I- Town Police Station, Madanapalle, Chittoor district are hereby quashed. The Criminal Petition is allowed. ------------------------------------------- G. KRISHNA MOHAN REDDY, J. 28.12.2011 Kvsn