THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.6144 OF 2010 DATED:15-12-2010 ORDER: This petition is filed under Section 482 of Cr.P.C. for quashing further investigation in C.C.No.270 of 2010 on the file of the learned Judicial Magistrate of First Class- cum-Special Mobile Court, Kurnool. 2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents- State. Perused the records. 3. Based on a complaint given by the A.S.I. of Kurnool I Town police station, police registered a case in Cr.No.67 of 2009 against the petitioners-A1 and A2 for the offence under Section 188 IPC. After investigation, police filed charge sheet against the petitioners for the alleged offence and the same was taken cognizance by the learned Magistrate as C.C.No.270 of 2010. 4. According to the prosecution, on 10-03-2009, A1 to A6 along with 300 followers took a rally at 11.30 a.m. from the old bus stand to Laxminarasimha Swamy marriage hall and conducted an election meeting without any prior permission from the SDPO and in contravention of the orders promulgated by the SDPO, Kurnool under Section 30 of the Police Act. The complaint was given by the A.S.I. and not by the authority, who promulgated the prohibitory orders. 5. The main contention of the learned counsel for the petitioners-A1 and A2 is that the complaint is not maintainable as the same was not issued by the authority, who issued the orders, violation of which is complained of nor by any other authority to whom he is subordinate as required under Section 195 Cr.P.C. 6. Section 195 of the Cr.P.C. mandates that no Court shall take cognizance, except on the complaint in writing of the public servant concerned or of some other public servant to whom he was administratively subordinate in respect of the offences under Sections 172 to 188 IPC. 7. In the present case, admittedly, the complaint was not filed either by the authority who promulgated the orders, the violation of which is complained of nor by any other authority to whom he is subordinate. Under those circumstances, taking cognizance of the offence under Section 188 IPC is itself bad in law in view of the bar contained in Section 195 Cr.P.C. Therefore, further proceedings in C.C.No.270 of 2010 on the file of the learned Judicial Magistrate of First Class-cum-Special Mobile Court, Kurnool are held unsustainable and they are accordingly quashed by invoking the inherent powers of the Court under Section 482 Cr.P.C. 8. In the result, Criminal Petition is allowed as stated above. _______________________ G.V.SEETHAPATHY, J 15th December, 2010 Tsy