HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P. NO.9372 of 2010 DATE: 21.09.2010 BETWEEN: N.H.Bhaskar Reddy .. Petitioner And State of A.P. and another ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P. NO.9372 of 2010 ORDER: This criminal petition is filed under Section 482 Cr.P.C seeking to quash the proceedings in C.C.No.302 of 2009 on the file of the Judicial first Class Magistrate,Nandyal, Kurnool District. I have heard the learned counsel appearing for the petitioner. The petitioner was the contesting candidate for Nandyal Assembly constituency for the election held on 06.04.2009. The allegation against him is that during his election campaign, he entered into Master Public School which is located in House No.7/339, Nadigadda Street, Nandyal and sat in a chair and requested LW.4 for votes and also requested her to inform the other staff members to cast their votes in favour of him. Basing on the report submitted by LWs.2 and 3, the second respondent gave a report to the I Town Police Station to take necessary action against the petitioner on the ground of violation of election model code of conduct. Thereafter, a case under Section 188 IPC was registered and ultimately charge sheet was filed. As rightly contended by the learned counsel appearing for the petitioner that to attract the offence under Section 188 IPC, the Superintendent of Police or Assistant Superintendent of Police of the District are only competent to promulgate the impugned order and further, as per Section 195(1)(a) of Cr.P.C. 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 the instant case the cognizance was taken by the Court on the basis of a charge sheet filed by the Sub-Inspector of Police. The learned trial Court ought not to have taken cognizance of the offence. For the foregoing reasons, all further proceedings in C.C.No.302 of 2009 on the file of the Judicial First Class Magistrate, Nandyal, Kurnool District are quashed. Accordingly, the criminal petition is allowed. ___________________ R.KANTHA RAO,J Date: 21.09.2010 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P. NO.9372 of 2010 DATE: 21.09.2010