TMI Blog2012 (1) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... g quashing of the abovementioned FIR and the proceedings arising therefrom. The said writ petition came up for hearing before this Court on 25th March, 2011 when notice was issued and the Respondent/State was directed to file a reply. The matter was listed on 18th July, 2011 after a status report was filed by the State. On 18th July, 2011 after the matter was heard, learned counsel for the Petitioner realizing that the Court was not inclined to grant any relief, sought leave to withdraw the said petition, which was permitted to be withdrawn. 3. On a preliminary issue regarding the maintainability of the present petition posed to the learned counsel for the Petitioner, reliance is placed on Daryao and Ors. Vs. State of U.P. and Ors. AIR 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ired to be quashed to meet the ends of justice. It is also contended that cognizance for an offence punishable under Section 174-A IPC can be taken only on a complaint filed under Section 195 Cr.P.C. and in the absence of a complaint, no cognizance on the charge-sheet could have been taken. 5. Learned APP on the other hand contends that the essential requirement under Section 82(2)(i) Cr.P.C. is of affixation and the requirement under Clause (iii) for publication in the newspaper is not mandatory. Hence in the absence of a proper publication also, if an affixation alone is made the requirement of procedure under Section 82 Cr.P.C. stands satisfied. Even the Learned Trial Court noted satisfaction on the basis of return of process under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were taken, the Petitioner settled the matter with the complainant in complaint under Section 138 NI Act and, thus, the said complaint was permitted to be withdrawn vide order dated 16th October, 2010. Thereafter, the Petitioner moved an application for recalling of the proclamation under Section 83 Cr.P.C. The Learned Metropolitan Magistrate vide order dated 9th march, 2011 recalled the proclamation, since the complaint under Section 138 NI Act had already been withdrawn and the Petitioner had been acquitted therein. The Petitioner thereafter filed a petition being W.P.(CRL) 412/2011 before this Court seeking quashing of the abovementioned FIR. This Court issued notice and after issuing notice, on the next date the learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondingly amended so as to include Section 174-A IPC which was brought into the Penal Code with effect from 23rd June, 2006. The Legislature was conscious of this fact and that is why though all other offences under chapter X of the Criminal Procedure Code are noncognizable, offence punishable under Section 174-A IPC is cognizable. Thus the Police officer on a complaint under Section 174-A IPC is competent to register FIR and after investigation thereon file a charge-sheet before the Court of Magistrate who can take cognizance thereon. Thus, I find no merit in the contention raised by the Learned Counsel for the Petitioner. 10. Adverting to the last contention of the learned counsel for the Petitioner that the process under Section 82 C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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