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VENKATA JYOTHIRMAI PRATAPA
Gade Venkateswara Rao – Appellant
Versus
State of A. P. – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973[In short ‘Cr.P.C’] is filed to quash the proceedings against the petitioner/accused in C.C.No.1506 of 2019 on the file of VI Additional Junior Civil Judge, Guntur, Guntur District.
2. Heard Sri Turaga Sai Surya, learned counsel for the petitioner, and Ms. D. Prasanna Lakshmi, learned Assistant Government Pleader representing the State.
The crux of the case is, as follows;
3. A report dated 25.03.2019 was given by the M.P.D.O., Prattipadu stating that he was the in-charge of Model Code of Conduct team of Prattipadu Assembly Constituency; that on 25.03.2019 barricades were erected on the main road on the occasion of road show being conducted by the President of Janasena party i.e., Sri Pawan Kalyan violating the Election Code of Conduct, which caused obstruction of the vehicular traffic; that Accused having taken permission for road show conducted meeting, thereby committed the offences under Sections 341 and 188 of the Indian Penal Code. [for short ‘ I.P.C’]
4. A charge sheet came to be filed against the petitioner for the offences punishable under Sections 188 and 341 o
Cognizance of offences under IPC Sections 188 and 341 requires a written complaint from a public servant, and police charge sheets cannot suffice, resulting in quashing of proceedings.
Cognizance of offences under Section 188 IPC requires a written complaint from the concerned public servant, and not a police report; failure to adhere to this renders proceedings void.
Disobedience to order duly promulgated by public servant – Magistrate cannot take cognizance of offence punishable under Section 188 IPC upon police report, though offence under Section 188 IPC is co....
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