N THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7318 of 2009 Between: Tenali Sravan Kumar, S/o Gnaneshu, aged about 45 years, D.No.1-2-594/34, Suryakiran Apartments, B-Block Flat No.404, 4th Lane, Domalguda, Hyderabad …Petitioner / Accused No.1 AND The State of A.P., through Sub-Inspector of Police, Medikondur P.S. Guntur District Rep. By Public Prosecutor, High Court of Andhra Pradesh. and another. …Respondents / Complainants THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7318 of 2009 ORDER : Heard Sri Ch.Rama Krishna, learned counsel representing Sri V.V.Prabhakara Rao, learned counsel for the petitioner and Sri A.Ramesh, learned counsel representing learned Public Prosecutor for both the respondents. 2) The petitioner is the 1st accused in C.C. No.197 of 2009 on the file of Special Mobile Magistrate, Guntur facing prosecution for the offence punishable under Section 188 of the Indian Penal Code along with 10 others for the alleged violation of the orders of the Sub Divisional Police Officer, Sattenapalli. However, the complaint/charge sheet was filed by the Sub Inspector of Police, Medikondur Police Station. Section 195(1)(a) of Code of Criminal Procedure mandates that no Court shall take cognizance of an offence under Section 188 of the Indian Penal Code except on the complaint in writing of the public servant concerned or any other person to whom such public servant is administratively subordinate. The said mandatory provision had been violated and the complaint is legally incompetent and has to fail. 3) Though the other accused are not parties in this Criminal Petition before this Court, in view of the legal untenability of the complaint/charge sheet by the Sub Inspector of Police in respect of the violation of the orders of the Sub Divisional Police Officer, the entire proceedings have to be quashed. 4) Accordingly, the further proceedings in C.C. No.197 of 2009 on the file of Special Mobile Magistrate, Guntur are quashed and the Criminal Petition is allowed. __________________ G. BHAVANI PRASAD, J September 17, 2009 KSH