THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9755 of 2011 ORDER: This Criminal Petition under Section 482 Cr.P.C., is filed by the petitioners/A-1 & A-3 to A-8 seeking to quash the proceedings initiated against them in C.C.No.189 of 2009 on the file of II-Additional Munsif Magistrate (I Class), Tenali, Guntur District. The petitioners and A-2 in the case are facing prosecution for the alleged offences punishable under Section 188 IPC and Sections 3, 4 and 5 of A.P. Prevention of Damage to Public Property Act on the allegation that they pasted wall posters, flags and flexi banners on the walls of the premises of the private persons and also on Telephone poles and electrical poles on the main road at Vemuru village, that they violated the code of the conduct rules of election commission, that they violated the orders which are promulgated by the public servant and that they caused breach of peace and public tranquility. Learned counsel for the petitioners submitted that in similar cases being Crl.P.Nos.8424 and 8466 of 2010, this Court quashed the proceedings against the petitioners therein. Section 195 (1) (a) (i) of Code of Criminal Procedure mandates that no Court shall take cognizance of any offence punishable under Sections 172 to 188 (both inclusive) of the Indian Penal Code, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. Perused the material on record and also heard the arguments. Admittedly, the present charge sheet has been filed by the Sub- Inspector of Police, who cannot be the person who promulgated the order under Section 30 of the Police Act, 1861 and therefore, the complaint/charge sheet is incompetent being violative of the mandatory provision under Section 195 (1) (a) (i) of Code of Criminal Procedure and thus the complaint has to fail. Therefore, the proceedings in C.C.No.189 of 2009 on the file of II-Additional Munsif Magistrate (I Class), Tenali, Guntur District, are quashed and the Criminal Petition is allowed accordingly. The miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 12.10.2011 v v