Delhi District Court
State vs . Sanjeev Kumar Etc. on 22 August, 2022
IN THE COURT OF AMARDEEP KAUR,
METROPOLITAN MAGISTRATE-06,
PATIALA HOUSE COURTS, NEW DELHI DISTRICT
JUDGMENT
FIR NO. 99/2015, U/s 411/34 IPC DD NO. 29A DATED 23.04.2021, U/s 174A IPC PS : PARLIAMENT STREET CNR NO. DLND02-010185-2016 A. CIS No. of the Case : 56935/2016 B. Date of Institution : 23.05.2016 C. Date of Commission of : 16.05.2015 Offence D. Name of the complainant : Sh. R K Srivastav Retired Principal Secretary, Election Commission of India, Nirvachan Aayog, Ashoka Road, New Delhi.
R/o 100B, J & K, Pocket, Dilshad Garden, Delhi E. Name of the Accused, their : Sanjeev Kumar Parentage & Addresses S/o Sh. Charan Singh R/o 3620, Dariba Paan, Pharganj, Delhi.
F. Offence complained of : U/s 379/411/34 IPC G. Offence charged of U/s 411/34 IPC and U/s 174A IPC H. Plea of the Accused : Pleaded not guilty and claimed trial.
I. Order reserved on : 22.08.2022
J. Date of Order : 22.08.2022
Final Order : Acquittal u/s 411 IPC
Conviction u/s 174A IPC.
FIR No. 99/2015 State Vs. Sanjeev Kumar Etc. Page No. 1 of 4
Brief statement of reasons for decision of the case
1. It is the case of the prosecution that the accused Sanjeev Kumar during the trial of FIR bearing no. 99/2015, u/s 411 IPC, absconded and concealed himself so that warrants issued against him cannot be executed. Accordingly, a written proclamation under section 82 Cr PC was issued against him on 10.02.2019 requiring him to appear before this court within 30 days. However, the accused failed to do so and thereby, he committed offence under section 174A IPC.
2. The accused was later apprehended and produced before this court vide Kalandar under section 41.1(c) Cr PC (PO) dated 23.04.2021.
3. Copy of kalandra along with other documents were supplied to the accused under Section 207 Cr.P.C upon his appearance.
4. Charge was framed against the accused Sanjeev Kumar for the offence punishable under Section 411/34 IPC and 174A IPC vide order dated 07.04.2022. However, the complainant in FIR bearing no. 99/2015 settled the matter with all the accused persons including accused Sanjeev Kumar on 22.08.2022. Accordingly, accused Sanjeev Kumar along with other accused persons namely Dhoop Nath Vishwakarma and FIR No. 99/2015 State Vs. Sanjeev Kumar Etc. Page No. 2 of 4 Naresh Kumar @ Haddi were acquitted of the offence under section 411/34 IPC vide order dated 22.08.2022.
5. Thereafter, the trial proceeded qua the accused Sanjeev Kumar for the offence under section 174A IPC.
6. Vide separate statement under section 294 Cr PC, the accused admitted the Kalandra under section 41(1)(c) Cr PC Ex. X1, DD No. 29A Ex. X2, arrest memo Ex. X3, personal search memo Ex. X4 and process under section 82 Cr PC Ex. X5. Accordingly, examination of consequential formal witnesses was dispensed with and PE was closed.
7. Statement of accused was recorded under section 313 Cr PC wherein he submitted that he is remorseful of his conduct and his non appearance before the court was not intentionally. He further submitted that he does not wish to lead DE.
8. Final arguments heard on behalf of both the parties.
9. Now for the offence under section 174A IPC, it is important to prove that (1) a proclamation under section 82 Cr. PC was issued against the accused & (2) that the accused failed to appear before the court in pursuant to such notice within the FIR No. 99/2015 State Vs. Sanjeev Kumar Etc. Page No. 3 of 4 time so prescribed, thereby committing offence under section 174A IPC.
10.Process under section 82 Cr PC was issued against the accused vide order dated 07.02.2019 by this court. The said order is part of judicial record and is therefore not required to be proved separately. Further, the accused in his statement under section 294 Cr PC has admitted the report of execution of the process under section 82 Cr PC. Again order of declaration of accused as an absconder dated 23.10.2019 being a judicial document requires on separate proof. Further, the accused has not furnished any cogent defence in favour of his non appearance. Therefore, the ingredients of section 174A IPC stand proved against the accused. Consequently, accused Sanjeev Kumar S/o Sh. Charan Singh is convicted for the offence punishable under section 174A IPC.
11. Copy of this judgment be given free of cost to the accused and the State, if prayed for. AMARDEEP Digitally signed by AMARDEEP KAUR KAUR Date: 2022.08.22 15:00:39 +0530 Announced in the open (AMARDEEP KAUR) Court on 22.08.2022 MM-06/NDD/PHC FIR No. 99/2015 State Vs. Sanjeev Kumar Etc. Page No. 4 of 4