THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2046 of 2011 Dated : 09.03.2011 Between : Merugu Nagarjuna & others … Petitioners/A.1 to A.6 A n d The State of A.P. … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2046 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners-A.1 to A.6 seeking to quash the proceedings in C.C.No.188 of 2009 on the file of the II-Additional Judicial First Class Magistrate, Tenali, Guntur District. The petitioners are facing prosecution for the alleged offences punishable under Sections 143 and 188 of Indian Penal Code and Section 30 (A) Police Act, 1861 on the allegation that on 28.03.2009 at 7.00 p.m., they along with others formed into an unlawful assembly and conducted procession by engaging open top auto together with 5 cars and about 100 motorcycles without obtaining any prior permission from the concerned. Heard. As far as offence punishable under Section 188 IPC 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. The present charge sheet has been filed by the Sub- Inspector of Police, who is not the person promulgated the order under Section 30 of the Police Act, 1861. Thus, the charge sheet is said to have violated the mandatory provision under Section 195 (1) (a) Cr.P.C. Therefore, the proceedings against the petitioners are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners in C.C.No.188 of 2009 on the file of the II-Additional Judicial First Class Judge, Tenali, Guntur District, are hereby quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO Dated :09.03.2011 V V