Abetment requires knowledge and active participation; mere purchase or presence is insufficient to sustain process.

Abetment cannot be sustained unless the complaint pleads facts showing knowledge and one of the recognised modes of abetment, namely instigation, conspiracy, or intentional aid. Mere purchase of petroleum products or presence at the scene is insufficient by itself, and the complaint here did not allege that the petitioner knew of the notice to the dealer or had instigated, conspired in, or intentionally aided the alleged breach. As the complaint, on its face, did not disclose the essential ingredients of the offence, the Orissa HC held that cognizance and issuance of process were liable to be quashed and the proceeding could not be maintained against the petitioner.

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Issues: Whether the petitioner could be proceeded against for abetment of a contravention of the stock reservation order in the absence of any allegation that he knew of the notice issued to the dealer or had instigated, conspired in, or intentionally aided the alleged breach.

Analysis: Abetment under Section 107 of the Penal Code requires instigation, conspiracy, or intentional aid. Mere purchase of petroleum products, or mere presence at the scene, does not by itself amount to abetment. The complaint contained no allegation that the petitioner was aware of the notice imposing the stock reservation obligation on the dealer, and it did not plead facts showing instigation, conspiracy, or intentional aid. On the face of the complaint, therefore, the essential ingredients for abetment were absent. Since cognizance and issuance of process are judicial acts, process cannot be issued where the complaint, taken at its face value, does not disclose the offence alleged.

Conclusion: The order taking cognizance and directing issuance of process against the petitioner was liable to be quashed, and the proceeding was not maintainable against him.

Ratio Decidendi: A person cannot be proceeded against for abetment unless the complaint discloses facts showing knowledge and one of the recognised modes of abetment, namely instigation, conspiracy, or intentional aid; mere purchase of goods or presence, without more, is insufficient.

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