A perusal of the record reveals that the petitioner, who is A8, is facing trial in C.C.No.81 of 2009 on the file of the Judicial Magistrate of First Class, Dharmavaram, for the offence under Section 188 of I.P.C. As per the allegations made in the charge sheet, on 31.1.2009 the petitioner along with others organized road show at P.R.T. Circle of Dharmavaram and thereby violated the orders issued by the Sub-Divisional Police Officer, Dharmavaram (SDPO). As per the allegations made in the charge sheet, the SDPO promulgated the orders under Sections 30 and 30(A) of the Police Act, with the permission of the Superintendent of Police, Ananthapur. A perusal of the record reveals that after completion of investigation, the Inspector of Police, Dharmavaram Urban Police Station, laid charge sheet against the petitioner and others under Section 188 IPC. The learned Magistrate, after satisfying with the material placed before him, has taken cognizance of offence under Section 188 IPC. A perusal of the charge sheet clearly manifests that SDPO promulgated the orders with the permission of the Superintendent of Police. Admittedly, the orders promulgated by the SDPO are not filed along with the charge sheet. Except an averment in the charge sheet, there is no other convincing evidence to establish that SDPO has promulgated the orders under Sections 30 and 30(A) of the Police Act. Disobedience of the orders duly promulgated by a public servant would attract the provisions of Section 188 IPC. It is apposite to extract hereunder the relevant portion of Section 195(1)(a) Cr.P.C:
