IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7585 OF 2009 Between: Dr.Varadarajula Rajasekhar S/o Varadarajulu, aged 42 years R/o. Plot No.304, Road No.78, Film Nagar, Jubilee Hills, Hyderabad …Petitioner / Accused AND The State of A.P., through S.H.O., Tekkali P.S., Srikakulam District, Rep. By Public Prosecutor, High Court of Andhra Pradesh. and another. …Respondents / Complainant THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7585 of 2009 ORDER : Heard Smt.P.Rajeshwari, learned counsel for the petitioner and Sri A.Ramesh, learned counsel representing learned Public Prosecutor for both the respondents. 2) The petitioner is facing prosecution for the offence punishable under Section 188 of the Indian Penal Code and Section 125 of the Representation of the People Act, 1951. The petitioner is claimed by the charge sheet to have violated the Model Code of Conduct through a speech made by him and therefore, committed the said offence. 3) The petitioner was claimed to have requested the people to vote in favour of a particular political party as his wife belonged to the caste to which people he was addressing mostly belong. Even if he had said so, any feelings of enmity or hatred between the different classes of people cannot be said to have been promoted or incited or provoked by his appeal to the people of the caste of his wife to vote for the political party he is supporting, which may not therefore amount to an offence under Section 125 of the Representation of the People Act, 1951. 4. Even otherwise, the alleged speech of the petitioner is claimed to have violated the Model Code of Conduct promulgated by the Election Commission during the period of general elections. If it were so, it is for the concerned authority who had to enforce the Model Code of Conduct to complain in respect of an offence under Section 188 of Indian Penal Code. In view of the mandatory provision of Section 195(1)(a) of Code of Criminal Procedure, any Court can take cognizance of an offence under Section 188 of Indian Penal Code only on a complaint by the public servant concerned or his superior. The Sub Inspector of Police is legally incompetent to institute such a complaint in respect of Section 188 of Indian Penal Code and hence, on these grounds, the further proceedings in this case may amount to an abuse of process of law. 5. Therefore, the further proceedings in C.C. No.133 of 2009 on the file of Judicial Magistrate of First Class, Tekkali are quashed and the Criminal Petition is allowed accordingly. __________________ G. BHAVANI PRASAD, J September 17, 2009 KSH