Order 37

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 71 Cr Cases 7738/2021 STATE Vs. KULDEEP SINGH @ MINTU AND ORS.
45/1995 (Chanakaya Puri)
31.07.2026
Present: Sh. Praveen, Ld. APP for the State.
Accused is present through VC.
Sh. Devender Ohra, Ld. Counsel for accused through VC.
Arguments heard on behalf of the accused on the application filed
under Section 216 Cr.P.C.
Put up for orders during the course of the day.
(Animesh Kumar)
JMFC-02/PHC/New Delhi
31.07.2026
At 04:00 pm
Arguments have been heard on the application u/s 216 Cr.PC by the
prosecution for alteration of charge against the accused Kuldeep Singh @ Mintu.
It is submitted by Ld APP for state that charge for the offence u/s 174 Cr.PC
has not been framed against the accused. It is further submitted that it is clear from
the testimony of PW-6 that accused did not appear before this Court upon issuance
of warrants and proclamation and was subsequently declared absconder. Therefore,
offence under section 174 ICP is made out.
Per contra, counsel for accused submits that offence u/s 174 IPC is not made
out in the present case. The said offence has not been invoked in the supplementary
chargesheet, which was filed after the apprehension of the accused.
I have heard the submissions and perused the materials available on record.
-- 1 of 2 --
It should be noted that while the accused Kuldeep Singh was declared
absconder by this Court during the investigation, however, the chargesheet has not
been filed for the offence punishable u/s 174 IPC. Nothing has been brought on
record to show that accused Kuldeep Singh @ Mintu intentionally omitted to appear
before the Court upon issuance of warrant or proclamation. The report of the process
servers which are available on record are not conclusive on this aspect. In fact
perusal of said reports would show that neither the accused nor his family member
were ever found at the address mentioned therein. Therefore, at this stage, there is
nothing on record to even
prima facie show that the omission or failure of the
accused Kuldeep Singh @ Mintu to appear before the Court after issuance of
warrants or proclamation was intentional or deliberate. Thus, the present application
is accordingly dismissed.
Let PW-7 ACP J.D. Meena be summoned for further examination for the
next date of hearing.
Put up for PE on 08.08.2026.
(Animesh Kumar)
JMFC-02/PHC/New Delhi
31.07.2026
-- 2 of 2 --