THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2777 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner. 2. The learned counsel for the petitioner submits that the petitioner was arraigned as an accused in Crime No.71 of 2023 of Tadipatri Town Police Station, Ananthapur District, registered for the alleged offence under Sections 171-E and 188 of the Indian Penal Code, 1860. 3. The learned counsel for the petitioner submits that the de facto complainant is a flying squad appointed by the District Collector for the purpose of overseeing the MLC elections in the State in the year 2023. The learned counsel further submits that on the complaint submitted by the Member of the flying squad, the police have taken cognizance of the complaint. 4. The learned counsel further submits that the police could not take cognizance of the complaint filed by the Member of the flying squad and submits that Section 195 of the Code of Criminal Procedure would prohibit anysuch cognizance by the police and that the complaint ought to have filed by the officer before the competent Magistrate. On receipt of such a complaint, the Court would take cognizance and conduct a trial. 5. The learned counsel also submits that in several cases, this Court also quashed the complaints at the stage of F.I.R. itself. A reliance is placed -2- CRL.P. No.2777 of 2025 on the order passed by this Court in Crl.P. No.4647 of 2022, whereby a flying squad filed a complaint about certain cricket kits found in a vehicle, and the complaint was lodged before the police. It is submitted that Section 171 E of I.P.C. is not a cognizable offence. In paragraphs 7 and 8 of the judgment, this Court held that, “7. Admittedly, in a summons case where non-cognizable offences have been alleged against the petitioner herein and two (2) others, the police ought to have taken prior permission from the jurisdictional Magistrate before conducting an investigation. 8. Section 155(2)Cr.P.C., reads as follows: ‘S.155. Information as to non-cognizable cases and investigation of such cases. 1….. 2. No police officer shall investigate a non-cognizable case without the order of a Magistrate having the power to try such case or commit the case for trial. 6. Considering the submissions of the learned counsel for the petitioner, this criminal petition is allowed, and the proceedings in Crime No.71 of 2023 of Tadipatri Town Police Station, Ananthapur District, registered for the alleged offence under Sections 171-E and 188 of the Indian Penal Code, 1860, are hereby quashed against the petitioner herein. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.18.03.2025 BV