HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5414 of 2010 ORDER: This Criminal Petition is filed by the petitioner-accused to quash the proceedings initiated against him in C.C.No.132 of 2009 on the file of the Judicial Magistrate of First Class, Palakol, West Godavari District, for the offence punishable under Section 188 of IPC. 2. The allegation made against the petitioner is that he has committed an election offence on 21.4.2009 and in that regard a case in crime No.119 of 2009 was registered against him by the 1st respondent on the basis of the report of the 2nd respondent and after investigation the Sub-Inspector of Police, Palakol P.S., filed charge sheet before the Judicial Magistrate of First Class, Palakol, and the same was taken on file in C.C.No.132 of 2009. 3. Heard both sides. 4. The main contention of the learned counsel for the petitioner-accused, Mr. K. Chidambaram, is that as per Section 195(1) Cr.P.C., no court shall take cognisance of any offence punishable under Section 188 IPC, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. Whereas in the present case, the complaint has not been given by the concerned public servant. Therefore, continuation of the impugned proceedings are illegal and abuse of process of the Court. 5. In the light of the contentions put forth by the learned counsel for the petitioner and the specific provision under Section 195(1) Cr.P.C., this Court is of the view that the charge sheet is not maintainable for the reason that the complaint is not given by the concerned public servant, and as such, the proceedings impugned in this Criminal Petition are liable to quashed. 6. Accordingly, the Criminal Petition is allowed, at the stage of admission, and the proceedings in C.C.No.132 of 2009 on the file of the Judicial Magistrate of First Class, Palakol, West Godavari District, are hereby quashed. _______________________________ GOPALA KRISHNA TAMADA,J 23rd June, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5414 of 2010 (Allowed) Date:23-06-2010 CBS