CRLP/2777/2025 of KANCHAM SIVA SANKARA REDDY Vs THE STATE OF ANDHRA PRADESH

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 lear