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During trial, accused Bobby stopped appearing this Court and vide order dated 26.07.2019 he was declared a proclaimed offender. Supplementary chargesheet with regard to offence under section 174A IPC was filed against accused Bobby and charge under section 174A IPC was framed against accused Bobby on 22.12.2022 to which he not plead guilty and claimed trial. Accused Bobby admitted the genuineness of proceedings conducted by process server ASI rajesh Kumar and copy of FIR under section 294 Cr. PC. Statement of PW Bharti Kumari was recorded in his regard. Her deposition in brief as follow:

26. As discussed above, the testimony of the sole public witness/complainant is not reliable. In the circumstances, it cannot be said that the prosecution has proved the offence as defined in the section 378 IPC.

27. During trial, process under section 82 Cr. PC was issued against accused Bobby by this Court vide order dated 25.09.2018 and he was declared a proclaimed offender on 25.07.2019. He was apprehended on 12.09.2020 and supplementary chargesheet under section 174A IPC was filed against accused Bobby. Copy of the same supplied to him and charge under section 174A IPC was framed against accused Bobby to which he pleaded not guilt and claimed trial.

28. Section 174A of the Penal Code, 1860 reads as under:

"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 offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine."

32. Section 174A IPC was introduced in the Code with effect from 23.06.2006 and Section 195A Cr.P.C. which provides that no Court shall take cognizance of offences punishable under Sections 172 to 188 IPC (Both inclusive) or of the abatement of committing the offence, except by complaint in writing by the public servant or of some other public servant to whom he is administratively subordinate, was a part of the Criminal Procedure Code since 1974 when the new Criminal Procedure Code came into force. No corresponding amendment was brought into Section 195 (1) (a) in the year 2006 when a new offence, by adding Section 174A was introduced in Indian Penal Code. By no stretch of imagination, it can be inferred or presumed that Section 174A would be deemed to be included in between Section 172 to Section 188 IPC.