HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8424 OF 2010 Dated : 27.08.2010 Between : G.Radhakrishna & others … Petitioners-A.1 to A.4 A n d The State of A.P. … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8424 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners-A.1 to A.4 seeking to quash the proceedings in C.C.No.21 of 2009 on the file of the Additional Junior Civil Judge, Chilakaluripet, Guntur District, arising out of Crime No.70 of 2009 of Edlapadu Police Station registered for the offence punishable under Sections 143 and 188 of Indian Penal Code and Section 30 (1) (a) of Police Act, 1861. The allegations against the petitioners-accused are of violating election model code for conduct by using excess vehicles in the procession without having any valid permission. Heard. To constitute an offence punishable under Section 143 of Indian Penal Code, the minimum number of persons required is 5. In the present case, prosecution is launched only against four persons, which cannot be sustained. As far as offence punishable under Section 188 IPC 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. The present charge sheet has been filed by the Sub-Inspector of Police, who is not the person promulgated the order under Section 30 of the Police Act, 1861. Thus, the charge sheet is said to have violated the mandatory provision under Section 195 (1) (a) Cr.P.C. Therefore, the proceedings against the petitioners are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners in C.C.No.21 of 2009 on the file of the Additional Junior Civil Judge, Chilakaluripet, Guntur District, are hereby quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 27.08.2010 sur