IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH HYDERABAD TUESDAY, THE SEVENTH (7TH) DAY OF DECEMBER, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Crl.P.No.11848 of 2010 Between: Kallem Yadagiri Reddy … Petitioner And: State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY Crl.P.No.11848 of 2010 ORDER: This petition is filed under Section 482 Cr.P.C. for quashing further proceedings against the petitioner-A.2 in CC No.135 of 2009 on the file of the Judicial First Class Magistrate, Jangaon. 2. Heard the learned counsel for the petitioner and the learned counsel for the 2nd respondent-complainant. Perused the record. 3. Based on the complaint given by the 2nd respondent-Sub Inspector of Police, Lingala Ghanpur PS, a case in Cr.No.46 of 2009 was registered against the petitioner-A.2 and another for the offences under Sections 171 (e)(f) and 188 IPC. After investigation, charge sheet was filed and the learned Magistrate, Jangaon, has taken cognizance of the same in CC No.135 of 2009. According to the prosecution, on 13.04.2009 while the Sub-Inspector-complainant along with his staff was checking the vehicles, a Tata Safari car bearing No.AP 09 BN 6488 was intercepted at Jeedikal village and was found two bundles of cash of Rs.70,000/- in a bag and also bundles of voters list with photos on the back seat pocket and A.1 was the driver of the said vehicle and in the presence of panchas, the Sub Inspector of Police seized the cash. It is further alleged that in connection with the general election of 2009, the amount was being carried in the said vehicle for distribution among the voters at the instance of the petitioner-A.2, who was contesting candidate of Aleru assembly constituency. 4. Learned counsel for the petitioner would contend that taking cognizance of the offence by the learned Magistrate is vitiated in view of non-compliance with the provisions of Section 195((a)(i) Cr.P.C., which lays down that ‘no Court shall take cognizance of the offences under Sections 172 to 188 IPC, except where the complaint is initiated by public servant in writing or of some other public servant to whom he is administratively subordinate’. In the present case, the Sub Inspector of Police-2nd respondent not being the public servant concerned, who issued the orders, which are alleged to have been violated, he has no competence to file a complaint. Admittedly, the Sub Inspector of Police-2nd respondent was not the concerned public servant competent to file a complaint in respect of the offences under Section 188 IPC. 5. It is not disputed that in similar cases, where such complaints were filed by police officers, who are not the concerned election authorities or concerned public servants, who issued the orders violation of which is complained of, this Court has quashed proceedings in respect of the offence under Section 188 IPC. Following the same, it must be held that the proceedings in CC No.135 of 2009 insofar as the offence under Section 188 IPC is concerned, are unsustainable in view of the bar contained in Section 195 Cr.P.C. and therefore, they are held liable to be quashed and are accordingly quashed. 6. However, insofar as the offence under Section 171(e)(f) IPC is concerned, the bar contained in section 195(a)(i) has no application, inasmuch as the said provisions applies only to the offences punishable under Sections 172 to 188 IPC, but not to Section 171 IPC. 7. Learned counsel for the petitioner would contend that the offence under Section 171(e)(f) and Section 188 of IPC are inter- related. Section 171(e) prescribes punishment for the offence of bribery. Section 171(b) defines the offence of bribery. Sub section (2) of Section 171(b) states that who offers or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. Sub-section (3) says a person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification. Section 171(f) prescribes punishment for undue influence or personation at an election. Section 171(c) defines undue influence at elections. Section 171(C)(1) defines, who ever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. 8. In the charge sheet, it is specifically alleged that A.1 was found carrying cash of Rs.70,000/- along with voters list and photo identity cards for the purpose of distribution of money among the voters on the eve of the general election at the instance of the petitioner-A.2, who was contesting candidate. The question as to whether or not the alleged acts satisfy the ingredients of Section 171(b) or 171(C) IPC rendering the same liable for punishment under Section 171(e) and 171(f) IPC is a matter to be considered only after necessary evidence is adduced during the course of trial. In view of the specific allegations contained in the charge sheet prima-facie attracting the ingredients of the alleged offence, it is considered not a fit case to quash further proceedings against the petitioner-A.2 in CC No.135 of 2009 insofar as the offence under Section 171(e) & (f) of IPC is concerned. It is well settled principle of law that the inherent powers of the court under Section 482 Cr.P.C. have to be exercised with due care, caution and circumspection and cannot be invoked to quash further proceedings in a trial, especially, when the charge sheet reveals specific allegations prima-facie attracting the ingredients of the offences alleged. 9. In the circumstances, further proceedings against the petitioner in CC No.135 of 2009 on the file of the Judicial First Class Magistrate, Janagoan, are held not liable to be quashed insofar as the offence under Section 171 (e) & (f) of the IPC. 10. In the result, the criminal petition is allowed in part, in respect of the offence under Section 188 IPC as stated above and the same is dismissed in respect of the offence under Section 171(e) & (f) of IPC. ____________________ G.V.SEETHAPATHY, J Date: 07.12.2010 bss