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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANA RAO
Kollu Raveendra, S/o. Late Subba Rao – Appellant
Versus
State Of Andhra Pradesh, Rep. By Public Prosecutor – Respondent
ORDER :
Y. LAKSHMANARAO, J.
Criminal Petition No.1616 of 2025 has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the BNSS challenging the chargesheet filed in C.C.No.828 of 2020 on the file of the learned IIAdditional Judicial First- Class Magistrate, Machilipatnam for the alleged offences punishable under Section 188 of the Indian Penal Code, 1860, the I.P.C and Section 3 of the Epidemic Diseases Act, 1897, the Act in Crime No.146/2020 of Inaguduru Police Station.
2. The Sub-Inspector of Police, Inaguduru Police Station filed a purported complaint under Section 190(1) and 200 of the Code of Criminal Procedure, 1973, the Cr.P.C. Whereas based on the occurrence report prepared by L.W.2 in the laptop of the Sub-Inspector of Police, Inaguduru Police Station, L.W.2 had registered the occurrence report as a case in FIR No.146 of 2020 under Section 188 of ‘the I.P.C’ and Section 3 of ‘the Act.,’ on 13.06.2020 and investigated into. L.W.2 is the Head Constable of Inaguduru Police Station. L.W.3, the Sub-Inspector of Police, had taken up further investigation, visited the scene of offence, prepared a sketch and examined L.Ws.1 & 2 by recording their statements.
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....
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.
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