HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8466 OF 2010 Dated : 31.08.2010 Between : Vallabhani Balasowri and others … Petitioners-A.1 to A.7 A n d The State of A.P. … Respondent HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8466 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners-A.1 to A.7 seeking to quash the proceedings in C.C.No.198 of 2009 on the file of the I Additional Junior Civil Judge, Narasaraopet, Guntur District registered for the offence punishable under Section 188 IPC and Section 30(1) (a) of Police Act, 1861 2. The case of prosecution is that on 23-09-2009 at 6 P.M. while the respondent herein was discharging his official duties, all the petitioners conducting a procession by erecting party flags to motorcycles and cars on the road in front of police station. 3. Heard. 4. As far as the 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. 5. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners in C.C.No.198 of 2009 on the file of the I Additional Junior Civil Judge, Narasaraopet, Guntur District, are hereby quashed. _________________________ JUSTICE RAJA ELANGO AUGUST 31, 2010. YVL