( 2025:JHHC:26800 ) 1 Cr.M.P. No.2136 of 2019 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2136 of 2019 1. Shyamapada Paul @ Saymapado @ Shyamapado Paul, aged about 51 years, S/o Bhavani Paul 2. Minoti Paul, aged about 46 years, W/o Shayamapada Paul Both residents of Bara Gamaria, P.O. Gamaria, P.S. –Aditypur, District –Saraikella-Kharsawan. .... 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. Amit Kr. Das, Advocate : Mr. Chandrajit Mukherjee, Advocate For the State : Mr. Achinto Sen, Addl. P.P. For the Informant : Mr. Vikash Kumar, 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 of the Code of Criminal Procedure with a prayer to quash the order dated 19.03.2019 by which the learned Chief Judicial Magistrate, Seraikella issued the warrant of arrest and the order dated 15.05.2019 by which the learned Chief Judicial Magistrate, Seraikella issued the proclamation under Section 82 of the Cr.P.C. in connection with G.R. Case No. 406 of 2009, corresponding to Adityapur P.S. Case No. 119 of 2009 involving the offences punishable under Section 420/406/423/467/468/471/120B of the Indian Penal Code. ( 2025:JHHC:26800 ) 2 Cr.M.P. No.2136 of 2019 3. The brief fact of the case is that on 19.03.2019, the I.O. of the case filed a petition for issue of warrant of arrest against the petitioners but without recording any satisfaction that the petitioners are evading their arrest, the learned Chief Judicial Magistrate, Seraikella issued the warrant of arrest. On 15.05.2019, the learned Chief Judicial Magistrate, Seraikella without recording any satisfaction that the petitioners are absconding or concealing themselves to evade their arrest has issued the proclamation under Section 82 of the Cr.P.C. without fixing any time and place for their appearance. 4. It is submitted by the learned counsel for the petitioners that both the orders having been passed without following the due process of law, by respectively without recording any satisfaction that the petitioners are evading their arrest illegally issued the warrant of arrest and vide order dated 15.05.2019, without recording any satisfaction as required in law, the learned Chief Judicial Magistrate, Seraikella has passed the order for issuance of proclamation under Section 82 of the Cr.P.C. Hence, it is submitted that the prayer as prayed for by the petitioners in this criminal miscellaneous petition be allowed. 5. The learned Addl. P.P. and the learned counsel for the informant on the other hand vehemently opposes the prayer as prayed for by the petitioners in this criminal miscellaneous petition and submits that the very fact that the learned Chief Judicial Magistrate, Seraikella has issued the warrant of arrest as well as ( 2025:JHHC:26800 ) 3 Cr.M.P. No.2136 of 2019 the proclamation under Section 82 of the Cr.P.C., itself goes to show that there were sufficient materials available in the record for the learned Chief Judicial Magistrate, Seraikella to be satisfied that there is justification for issuance of such warrant of arrest and proclamation under Section 82 of the Cr.P.C. Therefore, 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 available in the record, it is pertinent to mention here that so far as the order dated 19.03.2019 is concerned, Section 73 of the Code of Criminal Procedure inter-alia vests the power upon the Chief Judicial Magistrate to direct warrant to any person inter-alia if he is accused of committing a non-bailable offence and is evading his arrest. 7. Now coming to the facts of the case, no satisfaction has been recorded by the learned Chief Judicial Magistrate, Seraikella to indicate that the petitioners were evading their arrest but even then the learned Chief Judicial Magistrate, Seraikella having passed orders directing warrant of arrest against the petitioners, certainly makes the said order dated 19.03.2019 not sustainable in law. Therefore, the order dated 19.03.2019, passed by the learned Chief Judicial Magistrate, Seraikella in connection with G.R. Case No. 406 of 2009 corresponding to Adityapur P.S. Case No. 119 of 2009 is quashed and set aside. ( 2025:JHHC:26800 ) 4 Cr.M.P. No.2136 of 2019 8. So far as the order dated 15.05.2019 is concerned, by now it is a settled principle of law that the court which issues the proclamation under Section 82 of the Cr.P.C. must record its satisfaction that the accused in respect of whom such proclamation is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under Section 82 of the 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 Chief Judicial Magistrate, Seraikella 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, this Court has no hesitation in holding that the learned Chief Judicial Magistrate, Seraikella has committed illegality by issuing the said proclamation under Section 82 of the Cr.P.C. without complying with the mandatory requirements of law. Hence, the same is not sustainable in law and this is a fit case where the order dated 15.05.2019 passed by the learned Chief Judicial Magistrate, Seraikella in connection with in connection with G.R. Case No. 406 of 2009 corresponding to Adityapur P.S. Case No. 119 of 2009 be quashed and set aside. 9. Accordingly, the order dated 15.05.2019 passed by the learned Chief Judicial Magistrate, Seraikella in connection with in ( 2025:JHHC:26800 ) 5 Cr.M.P. No.2136 of 2019 connection with G.R. Case No. 406 of 2009 corresponding to Adityapur P.S. Case No. 119 of 2009 is quashed and set aside. 10. The learned Chief Judicial Magistrate, Seraikella or its successor court may pass a fresh order in accordance with law. 11. In the result, this criminal miscellaneous petition is allowed. 12. The interim relief granted earlier vide order dated 17.03.2020 is vacated. 13. Registry is directed to intimate the court concerned forthwith. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 13th August, 2025 AFR/Sonu-Gunjan/-