THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11085 of 2009 ORDER: Petitioners approach this Court with a prayer to quash the proceedings against them in C.C.No.113 of 2009 on the file of the Judicial Magistrate of First Class, Addateegala, whereby they are facing charge for the offence punishable under Section 188 of IPC. The allegation against the petitioners is of using the Vans bearing Nos. (1) AP05 W4561 (2) AP05 W 5493 AND (3) AP 5 3159 for deploying the people for the election meeting going to be conducted at Addateegala village and thereby violated the election code of conduct. Heard the learned counsel for the petitioner 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 Tahsildar, Addategala, admittedly, he 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 petitioner in C.C.No.113 of 2009 on the file of the Judicial First Class Magistrate, Addateegala, are hereby quashed. Miscellaneous petitions filed along with the Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 12th October 2011 Rns