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27. In the present case during the trial accused Kalu @ Trilok had stopped appearing. Process under section 82 Cr. PC against him vide order dated 08.06.2017 and after recording the statement of process server he was declared a proclaimed offendeer vide order dated 27.02.2018. Supplementary chargesheet was filed with respect to offence under section 174A IPC on 24.06.2022. The accused was formally charged for having committed offence under section 174A IPC on 15.04.2024. He did not plead guilty and preferred trial. The prosecution has examined ASI Ram Mehar as the prosecution witness in this regard.

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 FIR No.34/01 State vs. Manoj Kumar & Ors. PS New Usmanpur Page No.17 of 26 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."

29. 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. wherein serious offences have been prescribed and despite declaring a person as proclaimed offender, when he fails to appear, the punishment provided is imprisonment upto seven years and payment of 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 abetment 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.