(2025:JHHC:12179) Cr.M.P. No.1562 of 2023 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1562 of 2023 1. Subodh Rana, aged 33, s/o late Bishu Rana 2. Mahesh Rana, aged 27, s/o late Babullal Rana 3. Harish Rana, aged 22, s/o late Devki Rana 4. Naresh Rana, aged 25, s/o Sri Hari Rana 5. Pappu Rana, aged 27, s/o Sri Basant Rana 6. Raju Rana, aged 27, s/o Sri Chandra Rana 7. Parwati Devi, aged 29, w/o Sri Pappu Rana 8. Archo Devi @ Aruna Devi, aged 31, w/o Jagdeo Rana 9. Radha Devi, age 34, w/o Subodh Rana 10. Binod Rana, age 35, s/o Sri Shambhu Rana 11. Lutan Rana, aged 36, s/o late Talo Rana All are resident of Village-Chhota Amrit Nagar, P.O. & P.S.- Muffasil, Dist.-Hazaribagh. .... Petitioners Versus 1. The State of Jharkhand 2. Smt. Vimla Devi, w/o Sri Sanjay Ravidas, resident of village-Amrit Nagar (Karbe Kalla), P.O. & P.S.-Muffasil, Dist.-Hazaribagh. …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners : Mr. Aman Kumar, Advocate For the State : Mr. Shailendra Kr. Tiwari, Spl. P.P. For O.P. No.2 : Mr. Santosh Kr. Soni, Advocate ….. By the Court:- 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to (2025:JHHC:12179) Cr.M.P. No.1562 of 2023 2 quash the orders dated 05.11.2022 and 12.04.2023 passed by the learned Special Judge, (ST/SC) Act, Hazaribagh in connection with Muffasil SC/ST P.S. Case No. 1 of 2020 involving the offences punishable under Sections 341, 323, 384, 309, 504, 506/34 of Indian Penal Code, Section 3/4 of Prevention of Witch (Daain) Practices Act and under Section 3(1) (x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. 3. The brief fact of the case is that on 05.11.2022 the I.O. of the case filed a petition before the learned Special Judge, (ST/SC) Act Cases, Hazaribagh for issuance of non-bailable warrant of arrest and without recording any satisfaction that the petitioners are absconding and evading their arrest, the learned Special Judge, (ST/SC) Act Cases, Hazaribagh has ordered for issuance of non- bailable warrant of arrest and on 12.04.2023 as the I.O. of the case filed a petition for issuance of proclamation; without recording any satisfaction that the petitioners are evading or concealing their arrest and without fixing any time and place for their appearance, the learned Special Judge, (ST/SC) Act Cases, Hazaribagh has issued the proclamation under Section 82 of Cr.P.C. 4. It is submitted by the learned counsel for the petitioners that since by the said order dated 05.11.2022, the learned Special Judge, (ST/SC) Act Cases, Hazaribagh has directed for issue of non-bailable warrant of arrest against the petitioners without recording any satisfaction or any material available in the record to suggest that the petitioners are evading their arrest hence, the said order dated 05.11.2022 is not sustainable in law. It is then submitted by the learned counsel for the petitioners that so far as the order dated (2025:JHHC:12179) Cr.M.P. No.1562 of 2023 3 12.04.2023 is concerned, by the said order for issue of proclamation under Section 82 of Cr.P.C. has been issued, without following the due process of law and without recording the satisfaction that the petitioners are absconding or concealing themselves to evade their arrest; which is a sine qua non for issuing proclamation under Section 82 of Cr.P.C., hence, it is submitted that orders dated 05.11.2022 and 12.04.2023 passed by the learned Special Judge, (ST/SC) Act Cases, Hazaribagh in connection with Muffasil SC/ST P.S. Case No. 1 of 2020, be quashed and set aside against the petitioners. 5. 5. Learned Special Public Prosecutor and the learned counsel for the opposite party no.2 on the other hand opposes the prayer and submits that the very fact that the learned Special Judge, (ST/SC) Act Cases, Hazaribagh has directed for issuance of non-bailable warrant of arrest and the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned Special Judge, (ST/SC) Act Cases, Hazaribagh, to be satisfied that there is justification for issuance of such warrant of arrest and proclamation. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 6. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that Section 73 of Code of Criminal Procedure empowers a court exercising interalia the power of a Magistrate, to direct warrant of arrest inter alia against any person who is accused of committing non-bailable offence and is evading his arrest. 7. Now coming to the facts of the case, there is no material in the record to suggest that the petitioners were evading their arrest nor (2025:JHHC:12179) Cr.M.P. No.1562 of 2023 4 any such satisfaction has been recorded by the learned Special Judge, (ST/SC) Act Cases, Hazaribagh in the said order dated 05.11.2022. Accordingly, this Court is of the considered view that the order dated 05.11.2022 passed by the learned Special Judge, (ST/SC) Act Cases, Hazaribagh in connection with Muffasil SC/ST P.S. Case No. 1 of 2020 is not sustainable in law. Accordingly, the same is quashed and set aside against the petitioners. 8. So far as the order dated 12.04.2023 is concerned, it is pertinent to mention here that by now it is a settled principle of law that the court which issues the proclamation under Section 82 of Cr.P.C. must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under Section 82 of Cr.P.C., it must mention the time and place for appearance of the accused person, in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Special Judge, (ST/SC) Act Cases, Hazaribagh has neither recorded its satisfaction that the petitioners are absconding or concealing themselves to evade their arrest nor fixed any time or place for appearance of the petitioners, who are the accused persons of this case, this Court has no hesitation in holding that the learned Special Judge, (ST/SC) Act Cases, Hazaribagh has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying with the mandatory requirements of law. Hence, the same is not sustainable in law and the continuation of the same will amount to abuse of process of law and this is a fit case where the order dated (2025:JHHC:12179) Cr.M.P. No.1562 of 2023 5 12.04.2023 passed by the learned Special Judge, (ST/SC) Act Cases, Hazaribagh in connection with Muffasil SC/ST P.S. Case No. 1 of 2020 be quashed and set aside against the petitioners. 9. Accordingly, the order dated 12.04.2023 passed by the learned Special Judge, (ST/SC) Act Cases, Hazaribagh in connection with Muffasil SC/ST P.S. Case No. 1 of 2020, is quashed and set aside against the petitioners. 10. The learned Special Judge (ST/SC) Act Cases, Hazaribagh may pass a fresh order in accordance with law. 11. In the result, this criminal miscellaneous petition is allowed. 12. In view of the disposal of this criminal miscellaneous petition, Interlocutory Application No. 4923 of 2023 is disposed of being infructuous. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 24th April, 2025 AFR/Sonu-Gunjan/-