State vs . on 22 February, 2021
28. At the outset, it is observed that without any complaint
contemplated under Section 195 CrPC, the proceeding under Section
174A IPC is valid in terms of the law laid down by the Hon'ble High
Court of Delhi in Maneesh Goomer vs. State 2012 SCC OnLine Del. 66.
However, in the opinion of this Court, the prosecution has failed to prove
the offence beyond reasonable doubt. Ex. CW1/A reveals that it was
issued at the address, "Village Deenpur Extension, Near Masjid, Gali No.
8, Delhi". No house number is written on the said proclamation. In the
report of the process server, it is stated that he went on the said address
and pasted a copy of the process on the main door of the house. However,
the process server has not mentioned as to what is the house number of
the accused in the said street.