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2025 DAILYLAW 15696 (JHR)

RANJIT PRASAD KESHRI ALIAS RANJIT SAW ALIAS RANJIT KUMAR v. THE STATE OF JHARKHAND

Cr.M.P./1493/2025 · 2025-07-03

Anil Kumar Choudhary

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Judgment text

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( 2025:JHHC:19885 ) 1 Cr.M.P. No.1493 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1493 of 2025 1. Ranjit Prasad Keshri @ Ranjit Saw @ Ranjit Kumar, aged about 50 years, S/o Gouri Shankar Keshri, resident of Flat No. 104, Madhurima Apartment, Mitra Road, Vardhman Compound, P.O. – G.P.O., P.S. –Lalpur, District –Ranchi (Jharkhand). 2. Sulochana Devi, aged about 47 years, D/o Late Narendra Prasad and wife of Ranjit Prasad Keshri @ Ranjit Kumar, resident of Flat No. 104, Madhurima Apartment, Mitra Road, Vardhman Compound, P.O. –G.P.O., P.S. –Lalpur, District –Ranchi (Jharkhand). .... Petitioners Versus The State of Jharkhand …. Opp. Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners : Mr. Awnish Shankar, Advocate : Mr. Kundan Kumar, Advocate For the State : Mr. Vishwanath Roy, Spl. 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 Bhartiya Nagrik Suraksha Sanhita, 2023 with a prayer to quash the orders dated 06.01.2025 and 22.03.2025, passed by the learned Judicial Magistrate -1st Class, Ranchi in connection with Ratu P.S. Case No. 339 of 2023. 3. It is submitted by the learned counsel for the petitioners at the outset that the petitioner does not press the prayer to quash the order dated 06.01.2025. Accordingly, the prayer to quash the order ( 2025:JHHC:19885 ) 2 Cr.M.P. No.1493 of 2025 dated 06.01.2025, passed in connection with Ratu P.S. Case No. 339 of 2023 is rejected as not pressed. 4. So far as the order dated 22.03.2025, passed by the learned Judicial Magistrate -1st Class, Ranchi in connection with Ratu P.S. Case No. 339 of 2023 is concerned, it is submitted by the learned counsel for the petitioner that by the said order the proclamation under Section 82 Cr.P.C. has been ordered to be issued. It is next submitted by the learned counsel for the petitioner that as such there is no illegality in the said order but even though in the order itself, it has categorically been mentioned that the proclamation shall be published on 27.03.2025 but there is an endorsement in page no.59 of the brief which shows that the Sub-Inspector of Police has received the proclamation on 03.04.2025. It is further submitted by the learned counsel for the petitioner that the very fact that, the Sub-Inspector of Police has received the said proclamation on 03.04.2025, hence the order dated 22.03.2025 could not have been complied with by him, as in the order itself, it has been directed that the proclamation shall be published on 27.03.2025. Hence, it is submitted that the prayer as prayed for by the petitioners in this criminal miscellaneous petition be allowed. 5. The learned Special Public Prosecutor on the other hand vehemently opposes the prayer as prayed for by the petitioners in this criminal miscellaneous petition and submits that there is no illegality in the order dated 22.03.2025, as the learned Magistrate has directed publication of the proclamation on 27.03.2025 and ( 2025:JHHC:19885 ) 3 Cr.M.P. No.1493 of 2025 fixed the time for appearance of the accused-petitioners before the said court on or before 10:30 A.M. of 30.04.2025. So as per the said order impugned, the accused persons were to appear after a period of 30 days from the date of publication of the proclamation. Hence, it is submitted that the said order dated 22.03.2025, passed by the learned Judicial Magistrate -1st Class, Ranchi in connection with Ratu P.S. Case No. 339 of 2023 do not suffer from any illegality. It is therefore, submitted that this criminal miscellaneous petitioner being without any merit be dismissed. 6. 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 the grievance of the petitioner appears that as per the petitioners, since the proclamations has been taken by one Sup-Inspector of Police on 03.04.2025, the proclamation, could obviously have been made only after 03.04.2025; hence such proclamation is not in accordance with the order dated 22.03.2025. 7. Now coming to the facts of the case, as already indicated above vide the said order dated 22.03.2025, the learned Judicial Magistrate -1st Class, Ranchi has specifically ordered that the proclamation shall be published on 27.03.2025, if the same has not been complied with, the petitioner can move the trial court and agitate that the proclamation was not in accordance with the order dated 22.03.2025 but before this Court, the order sheets subsequent to 22.03.2025 has not been filed. There is no material before this Court to suggest that on which date, the proclamation ( 2025:JHHC:19885 ) 4 Cr.M.P. No.1493 of 2025 issued under Section 82 of the Cr.P.C. by the order dated 22.03.2025, passed in Ratu P.S. Case No. 339 of 2023 has been made. 8. Under such circumstances, as there is no illegality in the order dated 22.03.2025, this Court is of the considered view that there is no justification to interfere with the said order dated 22.03.2025, passed in Ratu P.S. Case No. 339 of 2023 in exercise of its power under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023. 9. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 3rd July, 2025 AFR/Sonu-Gunjan/-