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.6897 of 2009 Between: Nekkala Naidu Babu, S/o. Sanyasayya, Aged about 45 years, K. Velama INTUC Leader, MPTC Ramalingapuram, Congress-I Leader And others …Petitioners / Accused AND The State of A.P., Rep. By Public Prosecutor, High Court of Andhra Pradesh. and another. …Respondent THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6897 of 2009 ORDER : Heard Sri K.Srinivasa Reddy, learned counsel for the petitioners and Sri A.Ramesh, learned counsel representing learned Public Prosecutor for the sole respondent. 2) The three petitioners are facing prosecution in C.C. No.61 of 2009 on the file of the Judicial Magistrate of First Class, Kothavalasa, for the offence punishable under Section 188 of the Indian Penal Code and Section 32 of the Police Act, 1861. It was alleged that on 04.04.2009 at 5.00 P.M a meeting was organized in Jindal factory in violation of the orders promulgated under Section 30 of the Police Act, 1861 prohibiting such meetings in public places. The Sub Inspector of Police, who filed the charge sheet, claims that no prior permission from any competent authority was obtained by the petitioners for the said meeting. Thus, the prosecution of the petitioners is only for violation of the orders promulgated under Section 30 of the Police Act, 1861, which could have been promulgated only by Superintendent or Assistant Superintendent of Police of the District and if anybody were to be prosecuted for violation of such an order, under Section 188 of the Indian Penal Code, that can be done only by way of complaint by the public servant concerned or his superior which alone can be taken cognizance of by a Court in view of Section 195(1)(a) of Code of Criminal Procedure. The complaint/charge sheet in question in the present case is obviously legally incompetent and has to fail. 3) In the result, the further proceedings in C.C. No.61 of 2009 on the file of Judicial Magistrate of First Class, Kothavalasa, Vizianagaram District are quashed and the Criminal Petition is allowed accordingly. __________________ G. BHAVANI PRASAD, J September 17, 2009 KSH