THE HON’BLE SRI JUSTICE K.S.APPA RAO CRIMINAL PETITION No.2003 of 2010 ORDER: This criminal petition is filed to quash the proceedings against the petitioner in S.T.C.No.16 of 2009 on the file of the Judicial Magistrate of First Class, Narayanpet against the petitioner, who is accused No.10 in Crime No.58 of 2009 of Narayanpet town Police Station registered for the offences punishable under Sections 188, 341, 290 and 291 I.P.C. and Sections 30 and 32 of the Police Act, 1861. It is alleged in the complaint that the petitioner is a member of a political party – Telangana Rashtra Samithi (TRS) in Narayanpet Town, Mahaboobnagar District. A road show was organised by TRS party on 07.04.2009 at Narayanpet by taking the required permission from the authorities concerned. In that connection, a case has been registered in Crime No.58 of 2009 of Narayanapet Police Station stating that on 07.04.2009, at 8.00 p.m. when the Sub Inspector of Police was doing bandobasth duty for Telangana Dhoom Dhaam programme, the petitioner and some others, while participating in the procession, deviated permission granted by the authorities concerned by proceeding towards main chowk through Hanuman temple and obstructed free passage of vehicles and public and thereby, violated provisions of Section 30 of the Police Act, 1861 and election code and therefore, the abovementioned crime was registered against the petitioner and others. The learned counsel for the petitioner argued that TRS party organised the road show by taking the required permission from the authorities concerned and that though the road show was conducted peacefully without causing inconvenience to anybody, but to the surprise of the petitioner, the abovementioned crime was registered against him. He further argued that if any order is promulgated by the Sub Divisional Police Officer (SDPO) within the meaning of Section 188 I.P.C., the compliant ought to have been filed by the SDPO and no Court shall take cognizance of such complaint in accordance within Section 195(1)(a) Cr.P.C. and that as per Section 32 of the Police Act, 1861, there must be an order duly promulgated under Section 30 of the said Act and no such duly promulgated order was referred to under the complaint. He also argued that in similar cases, where Police registered offences under Section 188 I.P.C. along with other offences, this Court took a view that they are not maintainable and eventually quashed the proceedings. In support of this argument, he placed before the Court a copy of the order dated 19.11.2010 passed by this Court in Crl.P.No.1463 of 2010. Now the point for consideration is whether there are any grounds to quash the aforementioned proceedings against the petitioner. As per the complaint, the TRS party conducted a road show on 07.04.2009 by taking appropriate permission from the authorities concerned and the petitioner and others, who participated in the said road show, taken out procession through the unpermitted area and obstructed free passage of vehicles and public and thereby violated the provisions of Section 30 of the Police Act, 1861 and election code and therefore, the aforesaid crime was registered against them. It is the contention of the petitioner that though the road show went on peacefully without any hindrance to public, false complaint was filed against him and others. As observed by this Court in similar cases and as rightly contended by the learned counsel for the petitioner, if there is any violation of the order promulgated by the SDPO, within the meaning of Section 188 I.P.C., the complaint ought to be filed by the SDPO or any other person to whom such SDPO is administratively subordinate and otherwise, no Court is competent to take cognisance of such a complaint in accordance with Section 195(1)(a) Cr.P.C. and therefore, registration of the present complaint against the petitioner is not in accordance with law. Hence, further proceedings against the petitioner in respect of the aforementioned S.T.C. are not sustainable and are liable to be quashed. In the result, further proceedings against the petitioner in S.T.C.No.16 of 2009 on the file of the Judicial Magistrate of First Class, Narayanpet, are held unsustainable and are accordingly quashed. The Criminal Petition is allowed accordingly. In consequence, miscellaneous petitions pending if any shall stand dismissed. _______________ K.S.APPA RAO, J 08th November, 2012 GHN