Document Fragment View
Matching Fragments
(iii) Chart for Material objects / muddamals Warsi Pal S/o Sh. Jugnu @ Ramoli R/o Village Sonkh, Pasoli, Tehsil Chhata, PS Chhata, Mathura, UP.
4. Charge under Section 363/366 IPC was framed against accused Chander Pal S/o Sh. Jugnu on 29.10.2025. On the facts that on 17.04.2007 at unknown time at Israel Camp, Rangpuri Pahadi, Vasant Kunj Delhi, within the jurisdiction of PS Vasant Kunj North, you had kidnapped complainant's minor daughter namely 'R' from her lawful guardianship and thereby you committed an offence u/s 363 IPC. Secondly, on the above said date, time and place you kidnapped minor girl 'R' with intent that she may be compelled or knowing it to be likely that she will be compelled to marry against her will and thereby you committed an offence punishable u/s 366 IPC. Thirdly, you failed to appear at specified place and the specified time required by a proclamation published under Section 82(1) CrPC and thereby you committed an offence punishable under Section 174A IPC.
23. As the prosecution has failed to prove offence u/s 363 and 366 of IPC against the accused Chander Pal. But it is also relevant to consider the offence u/s 174A of IPC against the accused Chander Pal. Before proceedings further, it is relevant to consider the necessary condition which has to be fulfilled for conviction u/s 174A IPC i.e. due compliance of Section 82 CrPC in the present case. It is also relevant that in the matter of Crl. M.C. 5328/2013 Sunil Tyagi vs. Govt. of NCT of Delhi & Anr. AIR OnLine 2021 Del 912, wherein the position and conditions of Section 82 CrPC are elaborated as well as guidelines were also issued and the relevant paras important for this case in my State Vs. Chander Pal Page no. 28 of 41 ANNEXED : (i) Chart for witnesses examined Syed Zishan Ali Warsi
(i) has been complied with......
......267. Hence, proceedings under Section 174A IPC may only be initiated after a proclamation under Section 82(1) has been issued. As per Circular dated 01st January, 2014 issued by the office of Deputy Commissioner of Police, Legal Cell, Delhi in the event a chargesheet has already been filed prior to the accused having been declared a „proclaimed offender‟, a supplementary chargesheet must be filed for the offence under Section 174A IPC. The Circular further states that in a Complaint case, where no fresh FIR exists, a fresh FIR under Section 174A should be registered when information with respect to an offence under Section 174A IPC is received.....
(iii) Chart for Material objects / muddamals Ali Date:
2026.03.27 Warsi 20:14:34 +0530 mentioned in the proclamation. Further, no public reading of the proclamation is stated to be made in conspicuous place of the town or village by CW-1, HC Thawar Singh which is a mandatory condition as per Section 82 (2)(i)(a) and the address of the accused after arrest in supplementary charge-sheet is shown as Village Sonkh, Pasoli, Tehsil Chhata, PS Chhata, Mathura, UP which is after his arrest and different from the address shown in proclamation. Thus, proclamation is not in accordance and compliance of the conditions of Section 82 CrPC. Hence in the light of the Sunil Tyagi (supra) judgement and settled position of law, it is not proved that accused has failed to appear as required by the proclamation u/s 82 CrPC and prosecution has failed to prove beyond reasonable doubt the offence u/s 174A IPC against the accused and accused Chander Pal is hereby acquitted for the offences u/s 363, 366 and 174A of IPC.