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2. FIR was registered under section 323/342/365/387/389/506/34 IPC and was investigated by the officials of Police Station Seelampur and IO/SI Surender Ojha filed the charge sheet against the accused persons upon which cognizance was taken on 13.02.2008 by the learned Predecessor of this Court.
3. Accused persons appeared before the Court and copy of chargesheet along with other documents under Section 207 Cr.P.C. were supplied to them.
4. Charge was framed vide order dated 13.04.2015 for the offences punishable under section 365/34 IPC against accused Tasleem, for offence under section 365/342/323/387/389/506/34 IPC against accused Fareed and under section 342/323/387/389/506/34 IPC against accused Abdul Naseer by the learned Predecessor of this Court, to which, the accused persons pleaded not guilty and claimed trial. Vide order dated 03.08.2013, accused Abdul Naseer and vide order dated 06.06.2014 accused Jamal @ Ranjha were declared an FIR No.14/07 State vs. Tasleem & Ors.. PS Seelampur Page No.3 of 26 absconder. Accused Abdul Naseer was taken into custody in the present matter on 19.12.2013 and was later released on bail. Accused Jamal @ Ranjha was taken into custody on 07.05.2018 and was later released on bail. Charge under section 174A IPC was framed against accused Abdul Naseer and under section 365/342/323/387/389/506/34/174A IPC against accused Jamal @ Ranjha on 05.04.2023 by this Court.
18. Accused Jamal @ Ranjha and Abdul Naseer have also been charged with offence punishable under section 174A IPC.
19. 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 FIR No.14/07 State vs. Tasleem & Ors.. PS Seelampur Page No.13 of 26 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."
FIR No.14/07 State vs. Tasleem & Ors.. PS Seelampur Page No.14 of 26
23. 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.
33. 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 FIR No.14/07 State vs. Tasleem & Ors.. PS Seelampur Page No.20 of 26 presumed that Section 174A would be deemed to be included in between Section 172 to Section 188 IPC.