THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11829 of 2011 ORDER: Petitioners approach this Court with a prayer to quash the proceedings against them in C.C.No.194 of 2009 on the file of the Judicial Magistrate of the First Class, Dharmavaram, whereby they are facing charge for the offence punishable under Section 188 of IPC. The allegation against the petitioner is that he was present in the Ramagiri village associating with other Congress Party leaders by beating drums and firing crackers in the streets of Ramagiri village and even though the petitioners were warned and informed about the Code of Elections, they made a deaf ear and proceeded with the said procession. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. As far as offence punishable under Section 188 of Indian Penal Code 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. In this case, the present complaint is filed by some persons belonging to opposite party, admittedly, they are not the persons, who promulgated the prohibitory order. Hence, the proceedings are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings pending against the petitioners/A.1 to A.15 in C.C.No.194 of 2009 on the file of the Judicial Magistrate of the First Class, Dharmavaram, are hereby quashed. Miscellaneous petitions filed along with the Criminal Petition, if any, shall stand closed. _________________________ JUSTICE RAJA ELANGO 23.11.2011 Gk THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11829 of 2011 Date:23.11.2011. Gk.