CRLP/2778/2025 of CHINTHA SHIVA SHANKAR REDDY Vs THE STATE OF ANDHRA PRADESH

THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITIONNo.2778 of 2025 ORDER: 1. Heard the learned counsel for the petitioners. 2. The learned counsel for the petitioners submits that the petitioners were arraigned as accused in C.C. No.1039 of 2023 on the file of the Judicial First Class Magistrate of Tadipatri. It is alleged that the petitioners have committed offences under Sections 171-E and 188 read with Section 34 of the Indian Penal Code, 1860. 3. The learned counsel for the petitioners 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, conducted an investigation and filed the charge sheet. 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 compet