[2025:JHHC:16662] 1 Cr. M.P. No.1314 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1314 of 2025 ------ Jitendra Kumar Gupta @ Tipori, aged about 42 years, son of Chamari Sao, Resident of Village Ghangada, P.O. and P.S.- Tandwa, District- Chatra, State- Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Parties ------ For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate Mrs. Jasvindar Mazumdar, Advocate Mr. Nishant Kumar Roy, Advocate For the State : Mr. Vineet Kumar Vashistha, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 30.04.2025 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Katkamdag P.S. Case No.113 of 2020 whereby and where under the learned Judicial Magistrate-1st Class, Hazaribagh had directed to issue the proclamation under Section 82 of the Code of Criminal Procedure. 3. Learned senior counsel for the petitioner submits that the petitioner has filed an anticipatory bail application which is pending before the High Court before a Co-ordinate Bench of this Court. Learned counsel for the petitioner next submits that the learned Judicial Magistrate-1st Class, Hazaribagh ought not to have issued the proclamation under Section 82 of [2025:JHHC:16662] 2 Cr. M.P. No.1314 of 2025 the Code of Criminal Procedure. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 4. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner and submits that it is a settled principle of law that filing of an anticipatory bail does not amount to appearance before the trial court. Hence, there is no impediment for the trial court to issue the proclamation under Section 82 of the Code of Criminal Procedure when the petitioner is absconding and concealing himself to evade his arrest. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 5. Having heard the submissions made at the Bar and after carefully 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 held by the Hon’ble Supreme Court of India in the case Shreekant Upadhyay & Others vs. State of Bihar & Another 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. 6. Now coming to the facts of the case, the undisputed fact remains that the non-bailable warrant of arrest was issued against the petitioner and the same could not be executed as the petitioner is evading his arrest and the learned Judicial Magistrate-1st Class, Hazaribagh has recorded its satisfaction about the petitioner’s absconding and has passed the order for issuance of the proclamation under Section 82 of the Code of Criminal Procedure in accordance with law. Therefore, this Court is of the considered view that there is no justifiable reason to interfere with the order dated order dated 30.04.2025 passed by the learned Judicial Magistrate-1st Class, [2025:JHHC:16662] 3 Cr. M.P. No.1314 of 2025 Hazaribagh in connection with Katkamdag P.S. Case No.113 of 2020 in exercise of power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 19th of June, 2025 AFR/ Saroj