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Issues involved: Quashing of FIR u/s 174-A IPC, maintainability of present petition, legality of procedures u/s 82 Cr.P.C., cognizance u/s 174-A IPC, abuse of process of the Court.
Quashing of FIR u/s 174-A IPC: The Petitioner sought quashing of FIR No. 14/2011 registered u/s 174-A IPC at PS Farsh Bazar, contending that the process was illegal as summons were not served, warrants were issued without proper notice, and the Petitioner was not an absconder. The Petitioner argued that cognizance for an offence u/s 174-A IPC can only be taken on a complaint u/s 195 Cr.P.C. The Respondent, however, argued that affixation alone satisfies the requirements u/s 82 Cr.P.C. and publication in a newspaper is not mandatory. The Court noted that the Police officer can register FIR u/s 174-A IPC based on a complaint and found no merit in the Petitioner's contentions. Maintainability of present petition: The Court referred to a previous petition filed by the Petitioner seeking similar relief, which was withdrawn after the Court was not inclined to grant relief. The Petitioner argued that the earlier withdrawal should not bar the present petition, citing legal precedent. The Court acknowledged that the earlier petition was dismissed as withdrawn but proceeded to hear arguments on merits. The Court emphasized that repeated petitions for the same relief are an abuse of process. Legality of procedures u/s 82 Cr.P.C.: The Petitioner challenged the legality of procedures u/s 82 Cr.P.C., stating that the proclamation was not published in the specified newspaper. The Court explained that while certain aspects of publication are mandatory, others are not, and non-compliance with non-mandatory requirements does not invalidate the process. The Court clarified that the FIR u/s 174-A IPC is an independent cause of action and should not be quashed solely because another case was settled. Cognizance u/s 174-A IPC: The Court analyzed the provisions of Section 195 Cr.P.C. and noted that while most offences under Chapter X are non-cognizable, the offence u/s 174-A IPC is cognizable. Therefore, the Police officer can register FIR and file a charge-sheet for this offence without a complaint u/s 195 Cr.P.C. The Court rejected the Petitioner's argument that cognizance could only be taken on a complaint. Abuse of process of the Court: The Court concluded that the present petition and application were an abuse of the Court's process by the Petitioner. As a result, the petition was dismissed with a cost imposed on the Petitioner for abusing the legal process.
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