Punjab-Haryana High Court

Meena Pothireddy vs State Of Haryana And Another on 29 January, 2025

Neutral Citation No:=2025:PHHC:013581

CRM-M-8611-2022 (O&M) and 29 other cases 1

283 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
1. CRM-M-8611-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

2. CRM-M-10676-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

3. CRM-M-8759-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

4. CRM-M-8763-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

5. CRM-M-8768-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

6. CRM-M-8771-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents
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CRM-M-8611-2022 (O&M) and 29 other cases 2

7. CRM-M-8775-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

8. CRM-M-8783-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

9. CRM-M-8785-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

10. CRM-M-8786-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

11. CRM-M-8789-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

12. CRM-M-8791-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents
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CRM-M-8611-2022 (O&M) and 29 other cases 3

13. CRM-M-8797-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

14. CRM-M-8799-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

15. CRM-M-8802-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

16. CRM-M-8835-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents
17. CRM-M-8838-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

18. CRM-M-8840-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents
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CRM-M-8611-2022 (O&M) and 29 other cases 4

19. CRM-M-8841-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

20. CRM-M-8842-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

21. CRM-M-8843-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

22. CRM-M-8844-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

23. CRM-M-8846-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents
24. CRM-M-8847-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

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CRM-M-8611-2022 (O&M) and 29 other cases 5

25. CRM-M-9021-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

26. CRM-M-9066-2022 (O&M)
Date of Decision: 29.01.2025

MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

27. CRM-M-9067-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

28. CRM-M-54527-2021 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents
29. CRM-M-8756-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents

30. CRM-M-10630-2022 (O&M)
Date of Decision: 29.01.2025
MEENA POTHIREDDY ...Petitioner

Versus

STATE OF HARYANA AND ANOTHER ...Respondents
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Neutral Citation No:=2025:PHHC:013581

CRM-M-8611-2022 (O&M) and 29 other cases 6

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Deepam Ragav, Advocate
for the petitioner(s).

Mr. Ramesh Kumar Ambavta, AAG Haryana.

Mr. Satyam Tandon, Advocate for respondent(s) No. 2.
***
Harpreet Singh Brar, J. (Oral)

1. Prayer in CRM-M-8611-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 429 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 02.07.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

2. Prayer in CRM-M-10676-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 408 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

3. Prayer in CRM-M-8759-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 428 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 02.07.2018 vide which proceedings under
Section
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CRM-M-8611-2022 (O&M) and 29 other cases 7

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

4. Prayer in CRM-M-8763-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 927 dated 22.05.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.04.2019 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

5. Prayer in CRM-M-8768-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 926 dated 22.05.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.04.2019 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

6. Prayer in CRM-M-8771-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 1851 dated 18.09.2019 (Annexure P-2) under
Section 174-

A
of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 26.08.2019 vide which proceedings under Section

174-A was initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

7. Prayer in CRM-M-8775-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 416 dated 26.03.2019 (Annexure P-2) under Section 174-A
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of
Indian Penal Code
registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

8. Prayer in CRM-M-8783-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 425 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

9. Prayer in CRM-M-8785-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 404 dated 25.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

10. Prayer in CRM-M-8786-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 426 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

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11. Prayer in CRM-M-8789-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 413 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

12. Prayer in CRM-M-8791-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 452 dated 29.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

13. Prayer in CRM-M-8797-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 421 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

14. Prayer in CRM-M-8799-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 410 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under
Section
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CRM-M-8611-2022 (O&M) and 29 other cases 10

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

15. Prayer in CRM-M-8802-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 423 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

16. Prayer in CRM-M-8835-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 187 dated 13.02.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 16.03.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

17. Prayer in CRM-M-8838-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 419 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

18. Prayer in CRM-M-8840-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 417 dated 26.03.2019 (Annexure P-2) under Section 174-A
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of
Indian Penal Code
registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

19. Prayer in CRM-M-8841-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 424 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

20. Prayer in CRM-M-8842-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 411 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

21. Prayer in CRM-M-8843-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 415 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

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22. Prayer in CRM-M-8844-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 427 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 02.07.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

23. Prayer in CRM-M-8846-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 414 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

24. Prayer in CRM-M-8847-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 420 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

25. Prayer in CRM-M-9021-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 422 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under
Section
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174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

26. Prayer in CRM-M-9066-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 925 dated 22.05.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.04.2019 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

27. Prayer in CRM-M-9067-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 412 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

28. Prayer in CRM-M-54527-2021

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 418 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

29. Prayer in CRM-M-8756-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 405 dated 25.03.2019 (Annexure P-2) under Section 174-A
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of
Indian Penal Code
registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

30. Prayer in CRM-M-10630-2022

Present petition has been filed under
Section 482
of Cr.P.C. seeking

quashing of FIR No. 407 dated 26.03.2019 (Annexure P-2) under
Section 174-A

of Indian Penal Code registered at Police Station Shivaji Nagar, Gurugram

(Haryana) and order dated 19.02.2018 vide which proceedings under Section

174-A were initiated against the petitioner and she was declared as proclaimed

person (Annexure P-3).

31. Following order was passed on 11.03.2022 in CRM-M-8756-2022

and 10630-2022:

Present petition has been filed by the petitioner
for quashing of FIR (Annexure P-2) and order (Annexure P-

3) vide which the petitioner was declared proclaimed person
and the trial Court gave necessary directions to initiate pro-

ceedings against her under
Section 174-A
IPC and all the
subsequent proceedings thereof including registration of FIR
(Annexure P-2).

The counsel for the petitioner inter-alia con-

tends that at the relevant time the petitioner was not residing
at the address given in the criminal complaint by respondent
No.2. At that time the petitioner was residing in Andhra Pra-
desh and as such she never received any summons issued by
the Court. The counsel further argued that the petitioner was
sleeping Director, whereas the entire business is being run by
her husband, who has already been granted regular bail by
the trial Court.

Notice of motion to respondent No.2.

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At this stage, Mr. Sharad Kapoor, Advocate
along with Mr. Satyam Tandon, Advocate and Mr. Sharad
Kapoor, Advocate put in appearance on behalf of the com-
plainant/respondent No.2 and made prayer that copy of pa-
per book be supplied to Mr. Satyam Tandon, Advocate. They
are directed to file power of attorney on behalf of the com-
plainant before the Registry during the course of the day.

The counsel for the petitioner is directed to sup-
ply complete copy of paper to Mr. Satyam Tandon, Advocate
during the course of the day.

The main case is under
Section 138
of NI Act
which is compoundable offence, so the parties are directed to
make sincere efforts for amicable settlement by the next date
of hearing.

In the meantime, the petitioner is directed to ap-
pear in the trial Court on 14.3.2022 and on her appearance
she is ordered to be released on interim bail by the said
Court to its own satisfaction till next date of hearing in the
present case.

Now be listed on 23.3.2022.

Photocopy of this order be placed on the file of
connected case."

32. Following order was passed on 05.01.2022 in CRM-M-54527-

2021:

"Present petition has been filed by the petitioner
for quashing of order dated 19.2.2018 (Annexure P-3) vide
which the petitioner was declared proclaimed person and the
trial Court gave necessary directions to initiate proceedings
against him under
Section 174-A
IPC and all the subsequent
proceedings thereof including registration of FIR No.418
dated 26.3.2019 registered under
Section 174-A
IPC at Po-
lice Station Shivaji Nagar, Gurugram.

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The counsel for the petitioner inter-alia con-

tends that at the relevant time the petitioner was not residing
at the address given in the criminal complaint by respondent
No.2. At that time the petitioner was residing in Andhra Pra-
desh and as such she never received any summons issued by
the Court. The counsel further argued that the petitioner was
sleeping Director, whereas the entire business is being run by
her husband, who has already been granted regular bail by
the trial Court.

Notice of motion to respondent No.2 for
23.3.2022.

In the meantime, the petitioner is directed to ap-
pear in the trial Court on 18.1.2022 the date already fixed
there and on her appearance she is ordered to be released on
interim bail by the said Court to its own satisfaction till next
date of hearing in the present case."

33. Following order was passed in all other petitions on 07.03.2022:

"Present petition has been filed by the petitioner
for quashing of FIR (Annexure P-2) and order (Annexure P-

3) vide which the petitioner was declared proclaimed person
and the trial Court gave necessary directions to initiate pro-

ceedings against her under
Section 174-A
IPC and all the
subsequent proceedings thereof including registration of FIR
(Annexure P-2).

The counsel for the petitioner inter-alia con-

tends that at the relevant time the petitioner was not residing
at the address given in the criminal complaint by respondent
No.2. At that time the petitioner was residing in Andhra Pra-
desh and as such she never received any summons issued by
the Court. The counsel further argued that the petitioner was
sleeping Director, whereas the entire business is being run by
her husband, who has already been granted regular bail by
the trial Court.

Notice of motion to respondent No.2.

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CRM-M-8611-2022 (O&M) and 29 other cases 17

At this stage, Mr. Sharad Kapoor, Advocate
along with Mr. Satyam Tandon, Advocate and Mr. Subh Ka-
poor, Advocate put in appearance on behalf of the complain-
ant/respondent No.2 and made prayer that copy of paper
book be supplied to Mr. Satyam Tandon, Advocate. They are
directed to file power of attorney on behalf of the complain-
ant before the Registry during the course of the day.

The counsel for the petitioner is directed to sup-
ply complete copy of paper to Mr. Satyam Tandon, Advocate
during the course of the day.

The main case is under
Section 138
of NI Act
which is compoundable offence, so the parties are directed to
make sincere efforts for amicable settlement by the next date
of hearing.

In the meantime, the petitioner is directed to ap-
pear in the trial Court on 14.3.2022 and on her appearance
she is ordered to be released on interim bail by the said
Court to its own satisfaction till next date of hearing in the
present case.

Now be listed on 23.3.2022.

Photocopy of this order be placed on the file of
connected case."

34. Learned counsel for the petitioner, inter-alia submits that in compli-

ance of aforementioned orders, the petitioner has surrendered before the trial

Court and has subsequently been released on regular bail. Further, the petitioner

is now regularly appearing before the learned trial Court. Moreover, learned

counsel contends that the impugned orders have been passed by the trial Court

without following the mandate of
Section 82(1)
of Cr.P.C. Lastly, it is argued

that the FIR (supra) is not maintainable due to the bar imposed by
Section

195(1)(a)(i)
of Cr.P.C., which clearly states that a written complaint is to be

filed, in cases of offences enumerated from Section 172 to
Section 188
of IPC

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(both included), by the concerned public servant before the Court which can

take cognizance. Since the registration of an FIR is not maintainable in such

cases, the FIR (supra) is liable to be quashed.
In support of his arguments, coun-

sel for the petitioner relies upon the judgments passed by this Court in Pardeep

Kumar vs. State of Punjab, CRM-M-41656-2023 decided on 23.08.2023;

Ashok Madan vs. State of Haryana
2020(4) R.C.R. (Cri.)

87;
Sonu vs. State of

Haryana
2021 (1) RCR (Cri.)

319 and the judgment of the Gujarat High Court

in
Govindbhai Patel Vs. State of Gujarat
2004 (4) RCR (Criminal) 830.

35. Per contra Learned State counsel supports the orders passed by the

learned trial Court by contending that the petitioner did not put in appearance

before the trial Court intentionally and deliberately and, therefore, having left

with no other option, proclamation and the subsequent proceedings resulting in

the registration of the FIR (supra) were initiated to secure her presence.

36. Learned counsel for respondent No. 2 opposes the prayer made in

the present petitions on the ground that the petitioner blatantly refuses to comply

with the undertaking given by her before this Court and respondent No. 2 has

already initiated Contempt of Court proceedings against the petitioner in this

regard. Despite the clear direction that the parties shall make sincere efforts for

an amicable settlement, passed by this Court, no sincere efforts have been made

by the petitioner to arrive at a just and appropriate compromise. This clearly

demonstrates mala-fide on her part.

37. I have heard learned counsel for the parties and perused the record

of the case with their able assistance and with the consent of parties, the matter

is taken up for final disposal.

38.
Section 174A
of the IPC was introduced through the Amendment

Act of 2005, and a corresponding amendment was made to Schedule 1 of the
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Criminal Procedure Code
(
CrPC
), classifying this provision as a cognizable

offence. However, no corresponding amendment was made to
Section 195
of the

CrPC to exclude
Section 174A
IPC from its scope. The proposition that
Section

174A
IPC is governed by the procedure as laid out in
Section 195
Cr.P.C. is

further supported by the fact that
Section 174A
IPC and the corresponding

Section 209 of the Bhartiya Nyaya Sanhita 2023, are essentially identical.

However, Section 209 has been explicitly removed from the purview of Section

215 of the Bhartiya Nagarik Suraksha Sanhita, 2023 which mirrors
Section 195

of CrPC. In its present form, thus,
Section 195
of the CrPC clearly encompasses

Section 174A
IPC, as the legislature in its wisdom this time has specifically

excluded Section 209 of the Bhartiya Nyaya Sanhita from the ambit of Section

215 of the Bhartiya Nagarik Suraksha Sanhita. Furthermore, in 2006, an

amendment was made to
Section 195(1)(b)
of the CrPC, but Section 195(1)(a)(i)

was left unchanged. Therefore, it is evident that
Section 195
of the CrPC applies

to the offence under
Section 174A
IPC.

39. As it is conclusive that
Section 174A
IPC is governed by Section

195, it would be apposite to emphasize that the drill of
Section 195
of the CrPC

is mandatory in nature. This position is supported by the judgment of the

Hon'ble Supreme Court's rendered in C. Muniappan & Others. v. State of

Tamil Nadu, (2010) 9 SCC 567, wherein the following observations were made:

"20.
Section 195(a)(i)
Criminal Procedure Code bars the court from tak-
ing cognizance of any offence punishable under
Section 188
Indian Penal
Code or abetment or attempt to commit the same, unless, there is a writ-
ten complaint by the public servant concerned for contempt of his lawful
order. The object of this provision is to provide for a particular procedure
in a case of contempt of the lawful authority of the public servant.
The court lacks competence to take cognizance in certain types of of-
fences enumerated therein. The legislative intent behind such a provision

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has been that an individual should not face criminal prosecution insti-
tuted upon insufficient grounds by persons actuated by malice, ill-will or
frivolity of disposition and to save the time of the criminal courts being
wasted by endless prosecutions. This provision has been carved out as an
exception to the general rule contained under Section 190 Criminal Pro-
cedure Code that any person can set the law in motion by making a com-
plaint, as it prohibits the court from taking cognizance of certain offences
until and unless a complaint has been made by some particular authority
or person. Other provisions in the
Criminal Procedure Code
like sections
196 and 198 do not lay down any rule of procedure, rather, they only cre-
ate a bar that unless some requirements are complied with, the court shall
not take cognizance of an offence described in those Sections.
(vide
Govind Mehta v. The State of Bihar
, AIR 1971 Supreme
Court 1708;
Patel Laljibhai Somabhai v. The State of Gujarat
, AIR
1971 Supreme Court 1935;
Surjit Singh & Ors. v. Balbir Singh
,
1996(3) RCR (Criminal) 240 : (1996) 3 SCC 533;
State of Punjab v. Raj
Singh & Anr.
, 1998(1) RCR (Criminal) 576 : (1998) 2 SCC 391; K.
Vengadachalam v. K.C. Palanisamy & Ors., (2005) 7 SCC 352;
and
Iqbal Singh Marwah & Anr. v. Meenakshi Marwah & Anr.
, 2005(2)
RCR (Criminal) 178 : 2005(1) Apex Criminal 581 ).

21. The test of whether there is evasion or non-compliance of Sec-
tion 195
Criminal Procedure Code
or not, is whether the facts disclose
primarily and essentially an offence for which a complaint of the court or
of a public servant is required.
In
Basir-ul-Haq & Ors. v. The State of
West Bengal
, AIR 1953 Supreme Court293; and
Durgacharan Naik &
Ors. v. State of Orissa
, AIR 1966 Supreme Court 1775, this Court held
that the provisions of this Section cannot be evaded by describing the of-
fence as one being punishable under some other sections of
Indian Penal
Code
, though in truth and substance, the offence falls in a category men-
tioned in
Section 195
Criminal Procedure Code Thus, cognizance of such
an offence cannot be taken by mis-describing it or by putting a wrong la-
bel on it.

22.
In
M.S. Ahlawat v. State of Haryana & Anr.
, 1999(4) RCR (Crim-
inal) 718 , this Court considered the matter at length and held as under :

"....Provisions of
Section 195
Criminal Procedure Code are man-
datory and no court has jurisdiction to take cognizance of any of
the offences mentioned therein unless there is a complaint in writ-
ing as required under that section." (Emphasis added)

23.
In
Sachida Nand Singh & Anr. v. State of Bihar & Anr.
, 1998(1)
RCR (Criminal) 823 : (1998) 2 SCC 493, this Court while dealing with
this issue observed as under :

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"7. ..Section 190 of the Code empowers "any magistrate of the first
class" to take cognizance of "any offence" upon receiving a com-
plaint, or police report or information or upon his own knowledge.
Section 195 restricts such general powers of the magistrate, and
the general right of a person to move the court with a complaint to
that extent curtailed. It is a well- recognised canon of interpreta-
tion that provision curbing the general jurisdiction of
the court must normally receive strict interpretation unless the stat-
ute or the context requires otherwise."

(Emphasis supplied)

24.
In
Daulat Ram v. State of Punjab
, AIR 1962 Supreme Court 1206,
this Court considered the nature of the provisions of
Section 195
Criminal
Procedure Code In the said case, cognizance had been taken on the police
report by the Magistrate and the appellant therein had been tried and
convicted, though the concerned public servant, the Tahsildar had not
filed any complaint. This Court held as under :

"The cognizance of the case was therefore wrongly assumed by
the court without the complaint in writing of the public servant,
namely, the Tahsildar in this case. The trial was thus without juris-
diction ab initio and the conviction cannot be maintained. The ap-
peal is, therefore, allowed and the conviction of the appellant and
the sentence passed on him are set aside."

(Emphasis added)

25. Thus, in view of the above, the law can be summarised to the effect
that there must be a complaint by the public servant whose lawful order
has not been complied with. The complaint must be in writing. The provi-
sions of
Section 195
Criminal Procedure Code are mandatory. Non-com-
pliance of it would vitiate the prosecution and all other consequential or-
ders. The Court cannot assume the cognizance of the case without such
complaint. In the absence of such a complaint, the trial and conviction
will be void ab initio being without jurisdiction."

40.
Section 195(1)(a)(i)
of the CrPC specifies that no court shall take

cognizance of any offence punishable under
Sections 172
to
of the IPC un-

less a written complaint is made by the concerned public servant or another pub-

lic servant to whom they are administratively subordinate. This provision serves

as an explicit bar, stating that the court cannot take cognizance of a matter based

on a Final Report under
Section 173
of Cr.P.C. A complaint, as defined under

Section 2(d)
of the CrPC, excludes a Police Report or Final Report. Thus, cog-

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nizance can only be taken on a written complaint filed in Court under
Section
of the CrPC. Further,
Section 21(3)
of the IPC defines "public servant" to

include every judge or any person empowered by law to perform adjudicatory

functions, either individually or as part of a body. As a result, from the plain lan-

guage of
Section 195
of the CrPC, it is clear that criminal prosecution under

Sections 172
to
of the IPC can only be initiated through a written complaint

filed by the concerned public servant or another public servant to whom they are

administratively subordinate. (See:
Pardeep Kumar vs. State of Punjab and

Another
(supra); Jarnail Singh @ Rana vs. State of Punjab, CRM-M-48718-

2019 decided on 17.04.2024 and Charanjit Singh @ Channi CRM-M-453-

2023 pronounced on 06.12.2023)

41. In the present case, the learned Magistrate, being a public servant as

defined under
Section 21
of the IPC, was required to follow the procedure pre-

scribed by law if he intended to initiate proceedings against the petitioner for the

offence under
Section 174A
of the IPC. The proper course of action would have

been to file a written complaint before the competent jurisdictional court. How-

ever, instead of adhering to this legal requirement, the learned Magistrate merely

forwarded a copy of its orders to the local police, directing them to initiate pro-

ceedings under
Section 174A
IPC, which effectively led to the registration of the

impugned FIR. Given the mandatory nature and scope of
Section 195
of the

CrPC, such an approach is in clear violation of its provisions. Consequently,

both the order passed by the Magistrate directing the initiation of proceedings

and the resulting FIR stand contrary to the procedural safeguards enshrined in

Section 195
of Cr.P.C.

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42. While the scheme of criminal justice system necessitates curtail-

ment of personal liberty to some extent, it is of the utmost importance that the

same is done in line with the procedure established by law to maintain a healthy

balance between personal liberty of the individual-accused and interests of the

society in promoting law and order. Such procedure must be compatible with

Article 21
of the Constitution of India i.e. it must be fair, just and not suffer from

the vice of arbitrariness or unreasonableness. Additionally, it is a settled law that

where a power is given to do a certain thing in a certain way, the thing must be

done in that way or not at all. Other methods are necessarily forbidden. Refer-

ence can be made to the judgment of the Hon'ble Apex Court in Dharani Sug-

ars and
Chemicals Ltd. v. Union of India
reported in (2019) 5 SCC 480.

43. In the eventuality of her non-appearance, the presence of the

accused first ought to have been secured by issuing summons or bailable war-

rants, and non-bailable warrants or proclamation should not generally be issued

at the first instance. A perusal of the impugned order reveals that the trial Court

has issued a proclamation straight away, without recording any reasons to indic-

ate that the petitioner has absconded or is concealing herself from the process of

law. Conspicuously, no summons or bailable warrants were issued prior to issu-

ance of the proclamation. This Court in the judgment passed in
Major Singh @

Major Vs. State of Punjab
2023 (3) RCR (Criminal) 406; 2023 (2) Law Herald

1506 has held that the Court is first required to record its satisfaction before is-

suance of process under
Section 82
Cr.P.C. and non-recording of the satisfaction

itself makes such order suffering from incurable illegality. Furthermore, the

learned counsel for the petitioner has taken a specific stand that the petitioner

was declared to be a proclaimed person without following the drill of
Section 82
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Cr.P.C
. Since the proclamation was never served on the petitioner, all actions

taken post non-execution of the proclamation stand vitiated.

44. In view of the above discussion, the present petitions are allowed

and the impugned order(s) dated 02.07.2018, 19.02.2018, 19.04.2019,

26.08.2019, 16.03.2018 vide which, the petitioner was declared as proclaimed

person as well as FIR Nos. 429, 408, 428, 416, 425, 426, 413, 421, 410, 423,

419, 417, 424, 411, 415, 427, 414, 420, 422, 412, 418 and 407 dated 26.03.2019,

FIR Nos. 404, 405 dated 25.03.2019, FIR No. 925, 926, 927 dated 22.05.2019,

FIR No. 1851 dated 18.09.2019, FIR No. 452 dated 29.03.2019, FIR No. 187

dated 13.02.2019 under
Section 174-A
of Indian Penal Code registered at Police

Station Shivaji Nagar, Gurugram (Haryana) and all the subsequent proceedings

arising therefrom are hereby quashed qua the petitioner.

45. Pending miscellaneous application(s), if any, shall also stand dis-

posed.

46. A photocopy of this order be placed on the files of other connected

cases.

(HARPREET SINGH BRAR)
JUDGE
29.01.2025
Ajay Goswami

Whether speaking/reasoned Yes/No
Whether Reportable Yes/No

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