[2025:JHHC:21685] 1 Cr. M.P. No.1833 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1833 of 2025 ------ Khushilal Kumar @ Khushilal Mahto, Aged about 23 years, S/O of Balo Rai, R/o Vill Khadagdiha & PS- Manoharpur, Dist.- Deoghar (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Prashant Kr. Rai, Advocate For the State : Mr. Shailendra Kr. Tiwari, Spl.P.P. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with a prayer to quash the order dated 09.12.2024 passed by learned Chief Judicial Magistrate, Simdega whereby and where under the learned Chief Judicial Magistrate, Simdega has directed to issue the proclamation under Section 82 of the Code of Criminal Procedure in connection with Simdega P.S. Case No.69 of 2022 corresponding to G.R. Case No.182 of 2024 registered for the offences punishable under Sections 419, 420 of the Indian Penal Code and Sections 66C, 66D of the Information Technology Act and the prayer has also been made to quash the order dated 27.02.2025 passed by the said Chief Judicial Magistrate by which the attachment order of the property of the petitioner under Section 83 of the Code of Criminal Procedure has been issued. 3. The brief fact of the case is that the petitioner is an accused person of the said case. On 09.12.2024, an application was submitted by the Investigating Officer of the case forwarded by the APP along with the [2025:JHHC:21685] 2 Cr. M.P. No.1833 of 2025 Execution Report of the non-bailable warrant of arrest issued against the petitioner. From the perusal of the record, the learned Chief Judicial Magistrate, Simdega was satisfied that the petitioner is involved in non- bailable offence and he is absconding and concealing himself to evade his arrest and being thus satisfied, the learned Chief Judicial Magistrate, Simdega directed for issuance of the proclamation under Section 82 of the Code of Criminal Procedure. On 27.02.2025, another application was filed by the Investigating Officer forwarded by the APP along with the Execution Report of the proclamation made under Section 82 of the Code of Criminal Procedure and as the petitioner did not appear before the court concerned as mentioned in the proclamation under Section 82 of the Code of Criminal Procedure, the learned Chief Judicial Magistrate, Simdega directed for issuance of the warrant of attachment of the property of the petitioner; both movable and immovable property. 4. Learned counsel for the petitioner submits that the petitioner is innocent. It is next submitted that the order for issuance of the proclamation under Section 82 of the Code of Criminal Procedure and the attachment order of the property of the petitioner under Section 83 of the Code of Criminal Procedure have been passed mechanically even though the petitioner has no knowledge of the case and the same is in violation of the constitutional mandate envisaged under Article 21 of the Constitution of India. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 5. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer as prayed for by the petitioner for quashing the orders dated 09.12.2024 and 27.02.2025 and submits that no illegality has been [2025:JHHC:21685] 3 Cr. M.P. No.1833 of 2025 committed by the learned Chief Judicial Magistrate, Simdega, either in issuing the proclamation under Section 82 of the Code of Criminal Procedure or in issuing the attachment order of the property of the petitioner under Section 83 of the Code of Criminal Procedure. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that so far as the order dated 09.12.2024 is concerned, the learned Chief Judicial Magistrate, Simdega, after being satisfied that the petitioner is involved in non-bailable offence and is evading his arrest by concealing himself, has issued the proclamation under Section 82 of the Code of Criminal Procedure fixing time and place for appearance of the petitioner and vide order dated 27.02.2025 passed in the said case, the learned Chief Judicial Magistrate, Simdega, directed for issuance of the warrant of attachment of both movable and immovable property of the petitioner; consequent upon failure of the petitioner to appear before the court on time and place fixed for appearance in the proclamation. So, this Court do not find any illegality in either of the two orders dated 09.12.2024 and 27.02.2025 passed in the said Simdega P.S. Case No.69 of 2022 corresponding to G.R. Case No.182 of 2024 by the learned Chief Judicial Magistrate, Simdega warranting interference of this Court in exercise of the power under Section 528 of the B.N.S.S., 2023. 7. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 04th of August, 2025 AFR/ Saroj