THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 9194 of 2010. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.285 of 2009 on the file of the Additional Judicial First Class Magistrate, Avanigadda, Krishna District. I have heard the learned Counsel for the petitioners and the learned Additional Public Prosecutor representing the State. A charge sheet was filed against the petitioners for the offences punishable under Sections 171-H and 188 IPC alleging that the 1st petitioner who contested as a Member of Parliament for Machilipatnam Constituency on behalf of Praja Rajyam Party took out a procession on 7.4.2009 at about 6 p.m. using more than three vehicles without any prior permission for taking out such procession. The learned Counsel for the petitioners contended that registration of the above case against the petitioners is against the mandatory provisions of Section 195(1)(a) Cr.P.C. and therefore he seeks to quash the proceedings. Section 195 (1) (a) Cr.P.C. lays down that no court shall take cognizance of the offences punishable under Sections 172 to 188 IPC except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. To attract an offence under Section 188 IPC, there must be an order promulgated by a public servant who is lawfully empowered to promulgate such an order and that such an order was violated. In the instant case, it is not stated in the charge sheet that an order was promulgated by a public servant who is lawfully empowered and that such an order was violated. Further, the charge sheet is filed by the Sub-inspector of police who is not competent to file charge sheet. Therefore, the trial court ought not to have taken cognizance of the offences against the petitioners. As the charge sheet itself if filed in violation of the mandatory provisions of Section 195 (1) (a) Cr.P.C. the offence under Section 188 IPC is not maintainable against the petitioners. Further, since the offence under Section 188 IPC is found to be not maintainable, the incidental offence under Section 171-H i.e. illegal payments in connection with an election also falls to the ground. Therefore, the proceedings in C.C.No.285 of 2009 on the file of the Additional Judicial First Class Magistrate, Avanigadda, Krishna District are liable to be quashed. Accordingly, the entire proceedings in C.C.No.285 of 2009 on the file of the Additional Judicial First Class Magistrate, Avanigadda, Krishna District 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. 9194 of 2010. ORDER: DT. 17.09.2010.