Delhi District Court
State vs Rahul on 30 January, 2025
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IN THE COURT OF ASHISH KUMAR MEENA
JMFC-01, SAKET COURT (SOUTH) NEW DELHI.
FIR NO.:488/2023
U/S: 174A IPC
PS: FATEHPUR BERI
STATE
VS.
RAHUL, S/o SH. RAMAN,
R/O H. NO. RZ-178, GALI NO.1, SAD NAGAR, PALAM
COLONY, NEW DELHI
......ACCUSED
1. Sr. No. of the case : 5288/2024
2. The date of offence : 26.08.2023
3. The plea of the accused : Pleaded not guilty
4. Argument heard on : 23.01.2025
5. The date of order : 30.01.2025
6. The final order : Convicted
JUDGMENT
1. Briefly stated, accused Rahul ("Accused") is facing trial for the allegations that he was facing trial in case FIR No. 188/2014 PS-Fatehpur Beri. However, he did not appear before the concerned Court despite proper service. Accordingly, proceeding under section 82 (1) Cr.P.C were initiated against the accused. The accused failed to appear before the Court of Ms. Manu Shree, Ld. MM-01, Saket Courts, South, New Delhi as specified in proclamation published under Section 82(1) Cr.P.C. Thus, accused, in terms of report u/s 82 Cr.P.C, was declared as Digitally signed by ASHISH ASHISH KUMAR KUMAR MEENA FIR No: 488/2023 PS: Fatehpur Beri State Vs. Rahul MEENA Date:
2025.01.30 18:41:08 +0530 Page 2 of 9 proclaimed person vide order dated 26.08.2023, passed by Ms. Manu Shree, Ld. MM-01, Saket Courts, South, New Delhi in case FIR No. 188/2014 PS-Fatehpur Beri. Concerned Ld. MM also gave the directions to the concerned SHO to register the case under section 174A IPC. In compliance of the said order, concerned SHO registered the present FIR No. 488/2023 u/s 174A IPC.
2. In compliance of order dt. 26.08.2023, the accused was again arrested in case FIR No. 188/2014 on 11.07.2024. Thereafter, he was formally arrested on 16.07.2024 by IO/HC Trilok Kumar of present FIR. Upon completion of investigation charge sheet U/s 173 Cr.P.C. was filed on behalf of the IO. Consequently, accused was summoned after taking cognizance of offence. The accused was charged u/s 174A of the IPC and accordingly, the charge was framed against the accused to which accused pleaded not guilty and claimed trial.
3. In order to substantiate the allegations, prosecution examined three witnesses. PW-1 Sh. Jagdish has deposed that on 08.09.2022, he was entrusted with the execution of process u/s 82 Cr.P.C. against the accused namely Rahul, S/o Sh. Raman, R/o RZF-222, Raj Nagar-II, Palam, New Delhi. He alongwith HC Anil had gone to the above-said address of the accused and he found that accused has changed address i.e. RZF-242-D, Raj Nagar-II, Palam, New Delhi. He visited the new address met with the wife of accused and his brother also who stated that accused had gone to UP and they would inform him about the court process. Thereafter, he recorded statement of wife and brother of accused vide Mark-A and Mark-B. One copy of the process was pasted outside the residence of accused and another copy at a Digitally signed by ASHISH FIR No: 488/2023 PS: Fatehpur Beri State Vs. Rahul ASHISH KUMAR KUMAR MEENA Date:
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public place nearby. He took photographs of the said pasted notice vide Mark-C. He made public announcement regarding the proceedings against the accused in the locality as per law. Thereafter, he went to court and pasted one notice at concerned court premises on notice board. He got publication regarding the accused vide Mark-D. Thereafter, he submitted his report to the concerned court vide Mark-E. He searched for accused, but could not trace him. IO had recorded his statement u/s 161 Cr.P.C. The witness was cross-examined by Ld. LAC for accused.
4. PW-2 HC Ajit Singh has deposed that on 01.09.2023, a court order regarding to register an FIR u/s 174A IPC was received to PS and the same was marked to him by the SHO concerned. He endorsed the same and got the FIR registered through Duty Officer, Fatehpur Beri vide Ex.PW2/A. Upon this, FIR No. 0488, u/s 174A IPC for register and further investigation was marked to him. During investigation, he moved an application for providing of certified copies from copying agency south district which was relevant in this case. Meanwhile, this case file was further marked HC Trilok for further investigation by SHO concerned. He handed over the case file to MHC(R). Despite opportunity, the witness was not cross-examined by Ld. LAC for accused.
5. PW-3 HC Trilok has deposed that on 25.05.2024, this case file was marked to him for further investigation and he received the case file from MHCR. During investigation, he recorded the statement of Process Server SI Jagdish u/s 161 Cr.P.C. He inquired about the accused from his secret informers as well as other police officials and staff, but no clue was found against the PO Rahul. During investigation, he got information through Naib Digitally signed by ASHISH ASHISH KUMAR FIR No: 488/2023 PS: Fatehpur Beri State Vs. Rahul MEENA KUMAR Date:
MEENA 2025.01.30 18:41:19 +0530 Page 4 of 9 Court that accused Rahul, S/o Raman, R/o H. No. R-Z 178, Gali No.1, Sad Nagar, Palam Colony has been sent to judicial custody in case FIR No. 188/2014, u/s 33 Delhi Excise Act. Thereafter, he moved an production application on 15.07.2024 for interrogation and formal arrest of accused. Accused was produced before the concerned court on 16.07.2024 from the judicial custody. Thereafter, he seek permission from the court to arrest and formally interrogate the accused. He inquired from accused about his involvement in the present case. Accused accepted his guilt and he recorded disclosure statement of accused vide Ex.PW3/A. He arrested the accused vide arrest memo Ex.PW3/B. Thereafter, accused was produced before the concerned court and from there he was sent in judicial custody. Hence, he completed the investigation, prepared the charge-sheet and submitted it before the concerned court. The witness was cross-examined by Ld. LAC for accused.
6. It is pertinent to mention that the accused has also admitted the genuineness of following documents u/s 294 Cr.P.C, without admitting the content of the same:
a. Present FIR No. 488/2023, PS-Fatehpur Beri alongwith certificate u/s 65 B IEA.
b. Order dated 26.08.2023 passed by Ld. Predecessor of this Court in case FIR No. 188/2014 PS-Fatehpur Beri.
7. On completion of prosecution evidence, statement of accused was recorded u/s 313 Cr.P.C, wherein all the incriminating evidence was put to the accused, to which he stated that he has been falsely implicated in this case. Further, the Digitally signed by ASHISH ASHISH KUMAR FIR No: 488/2023 PS: Fatehpur Beri State Vs. Rahul KUMAR MEENA MEENA Date:
2025.01.30 18:41:25 +0530 Page 5 of 9 accused did not wish to lead defence evidence.
8. Final arguments heard. Case file perused.
9. Short point for determination before this court is as under:
'' The accused was facing trial in case FIR No. 188/2014 PS Fatehpur Beri. However, he did not appear before the concerned despite proper service. Accordingly, proceeding under section 82 Cr.P.C were initiated against the present accused. Further, the accused failed to appear before the Court of Ms. Manu Shree, Ld. MM-01, Saket Courts, South, New Delhi as specified in proclamation published under Section 82(1) Cr.P.C. Thus, accused, in terms of report u/s 82 Cr.P.C, was declared as proclaimed person vide order dated 26.08.2023, passed by Ms. Manu Shree, Ld. MM-
01, Saket Courts, South, New Delhi in case FIR No. 188/2014 PS Fatehpur Beri. Thereby the accused has committed the offence under Section 174A IPC''
10. It is argued by the Ld. APP for the state that the ocular and the documentary evidence on record has proved the prosecution case beyond reasonable doubt. Ld. APP for the state submitted that there is sufficient material available on record to convict the accused and hence prayed for conviction of accused as per the evidence produced by the prosecution witnesses.
11. It is argued by the Ld. Counsel for the accused has submitted that accused was never served with the proper service Digitally signed by ASHISH ASHISH FIR No: 488/2023 PS: Fatehpur Beri State Vs. Rahul KUMAR KUMAR MEENA Date:
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in case FIR No. 188/2014 PS Fatehpur Beri. It is submitted that the process server visited the incorrect/earlier address. Thus, the proceedings issued u/s 82 Cr.P.C are defective. Hence, no offence under section 174A IPC is made out against the accused. Ld. Counsel has submitted that the accused be acquitted from all the charges.
12. In the present case accused is charged under Section 174A IPC. Before appreciating the evidence in hand, it is important to go through the relevant provision of the Act:
174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974. --
Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub section (4) of that section pronouncing him as a proclaimed person, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
13. Section 174A IPC is divided into two parts. First part deals with the situation where the proclamation is issued under Section 82(1) Cr.P.C. and when the accused failed to appear despite its publication, he is to undergo imprisonment upto three years or with fine or with both. The second part of Section 174A relates to the declaration issued by the Court under Section 82(4) Cr.P.C. Digitally signed by ASHISH ASHISH KUMAR FIR No: 488/2023 PS: Fatehpur Beri State Vs. Rahul KUMAR MEENA Date:
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wherein serious offences have been prescribed and despite declaring a person as proclaimed person, when he fails to appear, the punishment provided is imprisonment upto seven years and payment of fine. Thus, Section 174A IPC penalizes the non- appearance of a person as required by a proclamation published under. In case of non- appearance consequent to a proclamation under Section 82(1) of the Code for a term up to three years/fine/both and in case of a declaration under Section 82(4) of the Code (in respect of offences under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the IPC for a term upto seven years with fine. Since non-appearance of accused in response to the proclamation under Section 82 CrPC has been made a substantive offence, the provisions of Section 174A IPC are required to be invoked against absconding accused. When the accused fails to appear before the court in response to the proclamation issued under Section 82(1) CrPC, within the period of 30 days from the date of proclamation, or fails to appear at the specified place and time required by the proclamation issued under Section 82(4) CrPC, he is punishable with imprisonment for a term which may extend to three years or with fine or with both and imprisonment for a term which may extend to seven years or with fine or both, respectively.
14. Admittedly, the accused Rahul was and currently is facing trial in case FIR No. 188/2014 PS Fatehpur Beri. On receipt of charge-sheet of FIR No. 188/2014, the process was issued qua accused for securing his presence. However, the accused did not join the proceedings despite being properly served. Thus, Ld. Predecessor of this Court issued a process under Section 82(1) Digitally signed by ASHISH ASHISH KUMAR MEENA FIR No: 488/2023 PS: Fatehpur Beri State Vs. Rahul KUMAR Date:
MEENA 2025.01.30 18:41:51 +0530 Page 8 of 9 Cr.P.C for securing his presence appear before the concerned Court. The accused did not pay heed to the directions of the concerned Court and failed to appear before the Court on specified date and time. Thus, accused, in terms of report u/s 82 (1) Cr.P.C, was declared as proclaimed person vide order dated 26.08.2023, passed by Ms. Manu Shree, Ld. MM-01, Saket Courts, South, New Delhi in case FIR No. 188/2014 PS Fatehpur Beri.
15. The accused has admitted that the he is facing the trial in FIR No. 188/2014 PS Fatehpur Beri. The accused has admitted that he is aware of the fact regarding issuance of process under section 82 (1) Cr.P.C. He has also admitted that Ld. Predecessor of this Court has passed an order dated 26.08.2023, thereby declaring him as Proclaimed Person. Further, subsequent arrest in case FIR No. 188/2014 PS Fatehpur Beri is also not in dispute. Thereafter, IO/HC Trilok formally arrested the accused and got him sent to Judicial custody in present case. It is to be noted that the process was issued on the same address as stated by the accused before this Court. Moreover, the Ld. Predecessor of this Court was also satisfied with the report of process server of the proceeding under Section 82(1) Cr.P.C. It is further to be noted accused has failed to bring anything on record to show that the process issued prior to order dated 26.08.2023 were defective. The PW-1/SI Jagdish Process Server and PW-3 IO of this case has also proved the allegations. There is nothing on record which supports the case of defence. The accused has failed to impeach the shake the confidence of prosecution during cross- examination. Testimony of all prosecution witnesses has remained intact and duly supported by the documentary Digitally signed by ASHISH ASHISH KUMAR FIR No: 488/2023 PS: Fatehpur Beri State Vs. Rahul KUMAR MEENA Date:
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evidence. Thus, the process issue qua accused under section 82(1) Cr.P.C were duly executed against the accused as per procedure laid down, despite that the accused failed to appear before the concerned Court.
16. Thus, in the backdrop of aforesaid discussion, facts and circumstances and material available on record, the prosecution has proved the charges u/s 174A IPC against the accused Rahul beyond reasonable doubts. Accordingly, accused RAHUL, S/O SH. RAMAN is hereby convicted for the offence u/s 174A IPC.
17. Let the copy of judgment be given free of cost to the convict.
18. Let the convict be heard on point of sentence.
ANNOUNCED IN THE OPEN COURT ON 30.01.2025. IT IS CERTIFIED THAT THE PRESENT JUDGMENT RUNS INTO NINE PAGES AND EACH PAGE BEARS SIGNATURE OF THE UNDERSIGNED.
ASHISH Digitally by ASHISH signed KUMAR Date: 2025.01.30 KUMAR MEENA MEENA 18:42:04 +0530 (ASHISH KUMAR MEENA) JMFC-01/SAKET COURT(SOUTH), NEW DELHI, 30.01.2025 FIR No: 488/2023 PS: Fatehpur Beri State Vs. Rahul