CHENNAMANENI VIDYASAGAR RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner/accused, to quash the proceedings in C.C.No.454 of 2016 on the file of the Judicial First Class Magistrate at Sircilla, wherein cognizance was taken for the offence punishable under Section 188 of IPC.

(2.) Heard Sri N.Ramachandra Rao, learned Senior Counsel representing Sri N.Avaneesh, learned counsel for the petitioner/accused, the learned Public Prosecutor for the State representing the respondents and perused the record.

(3.) Learned counsel for the petitioner/accused would submit that there is no written complaint by a public servant, as required under Section 195(1)(a)(i) of Cr.P.C. to take cognizance for the offence punishable under Section 188 of IPC. There is only information between the Municipal Commissioner, Sircilla and Sub-Divisional Superintendent of Police, Sircilla vide letter Roc.No.C1/56/2010-14, dated 28.04.2014 and it is not a written complaint as required under Section 195(1)(a)(i) of Cr.P.C. The said letter dated 28.04.2014 is not helpful to the case of prosecution. The conduct of investigation and filing of final report under Section 173 of Cr.P.C is illegal and ultimately prayed to quash the cognizance taken under Section 188 of I.P.C. against the petitioner/accused.