THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11307 of 2011 ORDER: Petitioners approach this Court with a prayer to quash the proceedings against him in C.C.No.356 of 2009 on the file of Additional Judicial First Class Magistrate, Anantapur, whereby they are facing charge for the offence punishable under Sections 188 and 283 of IPC. The allegation against the petitioners is of by using the vehicle bearing No.AP 35/V.1 as Chaitanya Ratham (road show vehicle) are conducting road show on behalf of the Telugudesam Party under the leadership of Telugudesam leaders Sri S.K.Venkatesu, MPP, Sri Lakshminarayana, Surpanch and Sri N.Krishna, Vice MPP and also used crackers disturbing the peace and tranquility without taking required permission from the Returning Officer and thereby violated the election code of conduct. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor. As far as offence punishable under Section 188 of Indian Penal Code is concerned, 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 a person to whom such a public servant is administratively subordinate. In this case, the present complaint is filed by the Sub- Inspector of Police, Bukkaraya Samudram, who is not the person, who promulgated the prohibitory order. Hence, the proceedings are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings pending against the petitioners in C.C.No.356 of 2009 on the file of the Additional Judicial First Class Magistrate, Anantapur, are hereby quashed. Miscellaneous petitions filed along with the Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 14th November 2011 Rns