( 2025:JHHC:16519 ) 1 Cr.M.P. No.1217 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1217 of 2025 Rajkumar @ Rajkumar Kushwaha, aged about 29 years, S/o Kailash Kushwaha, R/o –Village –Kon, P.O. –Naudiha, Ramgarh, P.S. – Kon, District –Sonbhadra (Uttar Pradesh). .... Petitioner Versus The State of Jharkhand …. Opp. Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Rishi Pallava, Advocate : Mr. Divyansh Krishna, Advocate For the State : Mr. Sunil Kr. Dubey, Addl. P.P. ….. By the Court:- 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with a prayer to quash the order dated 06.03.2025 passed by the learned A.C.J.M., Nagar Untari, Garhwa whereby and where under, the learned A.C.J.M., Nagar Untari, Garhwa has directed for issuance of the process under Section 82 Cr.P.C. against the petitioner in connection with Nagar Untari Mahila P.S. Case No. 25 of 2024 involving the offences punishable under Section 498A, 379, 323, 506 & 495 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act. 3. The brief facts of the case is that the learned A.C.J.M., Nagar Untari, Garhwa issued a non bailable warrant of arrest against the ( 2025:JHHC:16519 ) 2 Cr.M.P. No.1217 of 2025 petitioner. On 06.03.2025, the I.O. of the case pressed the petition filed by him with a prayer for issue of the proclamation under Section 82 Cr.P.C. against the petitioner against whom earlier non- bailable warrant of arrest was issued and along with the petition filed earlier by the I.O., the execution report of the non-bailable warrant of arrest was also annexed. The learned A.C.J.M. on perusal of the record as well as the execution report of the non- bailable warrant of arrest issued on 03.12.2024 against the petitioner was satisfied that the petitioner was absconding to evade his arrest, hence was satisfied that the circumstances warrant issuing the proclamation under Section 82 Cr.P.C. and the learned A.C.J.M., Nagar Untari, Garhwa ordered for issue of the proclamation directing the petitioner to appear before the Court of learned A.C.J.M., Nagar Untari, Garhwa on or before 12:00 noon of 25.04.2025. The petitioner instead of appearing before the learned A.C.J.M., Nagar Untari, Garhwa on or before 12:00 noon of 25.04.2025 has approached this Court by filing this criminal miscellaneous petition for quashing of the said order. 4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent. The case being Nagar Untari Mahila P.S. Case No. 25 of 2024 is a concocted and fabricated case. The Investigating Officer did not file any application for issuance of non-bailable warrant of arrest and suo-moto, the office of the court of learned A.C.J.M., Nagar Untari, Garhwa issued non- bailable warrant of arrest against the petitioner on 03.12.2024. The ( 2025:JHHC:16519 ) 3 Cr.M.P. No.1217 of 2025 warrant of arrest was received by the Investigating Officer on 03.12.2024. Three of the co-accused persons surrendered before the trial court on 06.01.2025 and they were granted bail. The petitioner filed a petition for grant of anticipatory bail which was rejected by the learned Additional Sessions Judge –II, Nagar Untari, Garhwa, vide order dated 28.02.2025. Thereafter on 06.03.2025, the learned trial court directed issue of the proclamation under Section 82 Cr.P.C. It is submitted that without following mandate of Section 73 of the Code of Criminal Procedure, the learned A.C.J.M., Nagar Untari, Garhwa has directed to issue process under Section 82 Cr.P.C. against the petitioner. 5. The learned counsel for the petitioner relies upon the Judgment of a Co-ordinate Bench of this Court in the case of Md. Rustum Alam & Ors. Vs. State of Jharkhand, reported in MANU/JH/0578/2020 as also the Judgment of this Court in the case of Shanti Gorain @ Shanti Gorai Vs. The State of Jharkhand, reported in 2024 JHHC 43159 and also the Judgment of this Court in the case of Kaleshwar Hembrom Vs. The State of Jharkhand, reported in 2024 JHHC 22713 and submits that the said order dated 06.03.2025 passed by the learned A.C.J.M., Nagar Untari, Garhwa whereby and where under, the learned A.C.J.M., Nagar Untari, Garhwa has directed for issuance of the process under Section 82 Cr.P.C. against the petitioner in connection with Nagar Untari Mahila P.S. Case No. 25 of 2024 being illegal and ( 2025:JHHC:16519 ) 4 Cr.M.P. No.1217 of 2025 perverse, the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed. 6. The learned Addl. 6. The learned Addl. P.P. on the other hand vehemently opposes the prayer as made in this criminal miscellaneous petition. It is submitted by the learned Addl. P.P. that in this criminal miscellaneous petition, no prayer has been made to quash the non-bailable warrant of arrest issued against the petitioner, nor the said order by which nonbailable warrant of arrest has been issued, is under challenge. It is next submitted that the petitioner admits that on 03.12.2024, warrant of arrest was issued against the petitioner and the same was received by the I.O. of the case on the same date of issuance of the non-bailable warrant of arrest. It is then submitted by the learned Addl. P.P. that it is crystal clear that though the petitioner was very much aware about non-bailable warrant of arrest having been issued against him, neither he has submitted to the jurisdiction of the trial court nor he has appeared before the trial court being the court of learned A.C.J.M., Nagar Untari, Garhwa as directed by the learned A.C.J.M., Nagar Untari, Garhwa to appear on or before 12:00 noon of 25.04.2025. It is next submitted that there is absolutely no illegality in the order dated 06.03.2025 as undisputedly, there is ample material in the record for the learned A.C.J.M., Nagar Untari, Garhwa to be satisfied that the petitioner was absconding to evade his arrest as is evident from para -70, 77, 92 & 100 of the case diary which has also been mentioned in the order dated 06.03.2025; which order is ( 2025:JHHC:16519 ) 5 Cr.M.P. No.1217 of 2025 impugned in this criminal miscellaneous petition. It is next submitted by the learned Addl. P.P. that it is a settled principle of law that mere filing of an anticipatory bail application will not suspend the proceeding before a trial court and in this case, admittedly the petitioner even after rejection of his anticipatory bail application by the learned Additional Sessions Judge, still did not appear before the learned trial court; knowing pretty well that non-bailable warrant of arrest has been issued against him and which only corroborates the contention of the I.O. of the case which was also accepted by the learned A.C.J.M., Nagar Untari, Garhwa, that the petitioner was absconding to evade his arrest. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 7. Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that it is a settled principle of law as has been reiterated by the Hon’ble Supreme Court of Indian in the case of Srikant Upadhyay & Ors. Vs. State of Bihar & Anr., reported in 2024 SCC Online SC 282 that filing of an anticipatory bail through an advocate would not and could not inter-alia be treated as appearance of a person before the trial court. Section 82 of the Code of Criminal Procedure mandates that if any court has reason to believe that any person against whom warrant has been issued by it has absconded or concealing himself, so that such warrant cannot be executed; such court may publish a written ( 2025:JHHC:16519 ) 6 Cr.M.P. No.1217 of 2025 proclamation requiring him to appear at a specified place, at specified time within not less than 30 days from the date of publishing such proclamation. Now undisputedly, a non-bailable warrant of arrest was issued against the petitioner on 03.12.2024 about which the petitioner was very much aware as the same has also been mentioned in this criminal miscellaneous petition. The petitioner never challenged the issuance of such non-bailable warrant of arrest at any point of time. 8. Under such circumstances, as undisputedly, there were sufficient materials before the learned A.C.J.M., Nagar Untari, Garhwa to be satisfied that the petitioner was absconding to evade the execution of the non-bailable warrant of arrest issued against him. So, this Court do not find any illegality in the order dated 06.03.2025, passed by the learned learned A.C.J.M., Nagar Untari, Garhwa in Nagar Untari Mahila P.S. Case No. 25 of 2024; warranting interference of this court, in exercise of its power under Section 528 of the BNSS. 9. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 12th June, 2025 AFR/Sonu-Gunjan/-