[ 2025:JHHC:24247] 1 Cr.M.P. No. 1874 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1874 of 2025 Arjun Lohar, aged about 42 years, S/o Sangi Lohar, R/o Taramba, Dalbhanga, P.O.- Dalbhanga, P.S.- Kuchai, Dist.- Seraikela- Kharsawan ...... Petitioner Versus The State of Jharkhand ….. Opposite Party For the Petitioners : Mr. Amit Kumar , Adv. For the State : Mr. Rajesh Kumar , Addl. PP 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 BNS, 2023 with several prayers but the petitioner does not press all the prayers but confines only to the prayer for quashing the orders being the order dated 02.01.2019 by which the proclamation under Section 82 of CrPC has been issued, the order dated 22.05.2019 by which, attachment order of the property of the petitioner was issued and also the order dated 22.11.2022 by which, again the proclamation under Section 82 of CrPC was issued against the petitioner who is one of the accused person in connection with Kuchai P.S. case no. 04 of 2018 corresponding to G.R. No. 45 of 2018 by the court of learned ACJM, Seraikela. In view of the submissions made by the learned counsel for the petitioner, the rest of the prayers made in this criminal miscellaneous petition are rejected as not pressed. 3. It is submitted by learned counsel for the petitioner that so far as the order dated 02.01.2019 and 22.11.2022 are concerned, it is a sine qua non that the court which issues proclamation under Section 82 of Cr.P.C. must record its satisfaction that the petitioner is absconding or concealing himself to evade his arrest but neither in the order dated 02.01.2019 nor in the order dated [ 2025:JHHC:24247] 2 Cr.M.P. No. 1874 of 2025 22.11.2022, learned ACJM has recorded its satisfaction that the petitioner is absconding or concealing his arrest and without fixing the time and place for appearance of the petitioner, has issued the proclamation under Section 82 of Cr.P.C. which is not sustainable in law hence same be quashed and set aside. 4. So far as the order dated 22.05.2019 is concerned, it is submitted that the learned Magistrate without any material to suggest that the proclamation under Section 82 of CrPC was in fact made, has passed the order for attachment of the property of the petitioner under Section 83 of the CrPC, which is not sustainable in law, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 5. Learned Addl. PP vehemently opposes the prayer of quashing the orders dated 02.01.2019, 22.05.2019 and also the order dated 22.11.2022 passed in connection with Kuchai P.S. case no. 04 of 2018 corresponding to G.R. No. 45 of 2018 and submits that the very fact that the learned ACJM, Seraikela has issued the proclamation under Section 82 of Cr.P.C. and the order of attachment under Section 83 of Cr.P.C. itself shows that there were materials available in the record for the learned ACJM, Seraikela to be satisfied that there is justification for issuance of such proclamation and proceeding, hence, this Criminal Miscellaneous Petition being without any merit, be dismissed. 6. 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 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 petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above, since [ 2025:JHHC:24247] 3 Cr.M.P. No. 1874 of 2025 the learned ACJM, Seraikela has neither recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time or place for appearance of the petitioner, this Court has no hesitation in holding that the orders dated 02.01.2019, 22.11.2019 passed by learned ACJM, Seraikela is not sustainable in law. Accordingly, the same are quashed and set aside. 7. So far as the order dated 22.05.2019 is concerned, it is a settled principle of law that the court issuing proclamation under Section 82 of Cr.P.C. may for reasons to be recorded in writing at any time after the issue of proclamation, order for attachment of any property movable or immovable or both belonging to the proclaimed person. Now, in the absence of any material in the record to suggest that the proclamation under Section 82 of Cr.P.C. was in fact made in accordance with law, certainly the learned ACJM, Seraikela has committed illegality by passing the order of attachment of property of the petitioner without mentioning the description of the property to be attached and without recording any reason in writing about the need for passing such order of attachment. Hence, under such circumstances, this Court has no hesitation in holding that the order dated 22.05.2019 passed by the learned ACJM, Seraikela in in connection with Kuchai P.S. case no. 04 of 2018 corresponding to G.R. No. 45 of 2018 is also not in accordance with law and continuation of the same will amount to abuse of process of law and this is a fit case where the order dated 22.05.2019 passed by the learned ACJM, Seraikela in in connection with Kuchai P.S. case no. 04 of 2018 corresponding to G.R. No. 45 of 2018 be quashed and set aside. 8. Accordingly, order dated 22.05.2019 passed by the learned ACJM, Seraikela in in connection with Kuchai P.S. case no. 04 of 2018 corresponding to G.R. No. 45 of 2018 is quashed and set aside. 9. The learned ACJM, Seraikela may pass a fresh order in accordance with law. [ 2025:JHHC:24247] 4 Cr.M.P. No. 1874 of 2025 10. This Criminal Miscellaneous Petition is allowed with the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 4th August, 2025 Smita /AFR