(2025:JHHC:19443) Cr.M.P. No.1660 of 2025 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1660 of 2025 Sunil Kujur, aged about 27 years, son of Papra Kujur, resident of Vill- Burhakhukhra, P.O. & P.S.-Mandar, Dist.-Ranchi, Jharkhand .... Petitioner 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. Vikash Anand, Advocate For the State : Mr. Subodh Kr. Dubey, Addl. 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 B.N.S.S., 2023 with a prayer to quash the order dated 25.02.2025 passed by the learned Judicial Magistrate-XII, Ranchi in connection with Mandar P.S. Case No. 05 of 2025 by which the learned Judicial Magistrate-XII, Ranchi has directed for issuance of the proclamation under Section 84 of B.N.S.S. without fixing any time and place for appearance of the petitioner. 3. It is submitted by the learned counsel for the petitioner that it is a settled principle of law that when a Magistrate issues the proclamation under Section 84 of B.N.S.S., it must mention the time and place for the appearance of the accused person in respect of (2025:JHHC:19443) Cr.M.P. No.1660 of 2025 2 whom, the proclamation under Section 84 of B.N.S.S. is issued but the learned Judicial Magistrate-XII, Ranchi having not done so, the impugned order dated 25.02.2025 is not sustainable in law. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 4. Learned Additional Public Prosecutor on the other hand opposes the prayer as made in this criminal miscellaneous petition and submit that though it has not been specifically mentioned in the impugned order itself but it is expected that the petitioner be present in the court concerned on the 30th day of the proclamation. 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 going through the materials 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 84 of B.N.S.S. must record its satisfaction that the accused in respect of whom the proclamation under Section 84 of B.N.S.S. is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under Section 84 of B.N.S.S., it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 84 of B.N.S.S. is issued. As already indicated above since the learned Judicial Magistrate-XII, Ranchi has not fixed any time or place for appearance of the petitioner who is the accused person of this case, this Court has no hesitation in holding that the learned Judicial Magistrate-XII, Ranchi has committed illegality by issuing the said proclamation under (2025:JHHC:19443) Cr.M.P. No.1660 of 2025 3 Section 84 of B.N.S.S. 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; therefore, this is a fit case where the order dated 25.02.2025 passed by the learned Judicial Magistrate-XII, Ranchi in connection with Mandar P.S. Case No. 05 of 2025 be quashed and set aside. 6. Accordingly, the order dated 25.02.2025 passed by the learned Judicial Magistrate -XII, Ranchi in connection with Mandar P.S. Case No. 05 of 2025, is quashed and set aside. 7. The learned Judicial Magistrate-XII, Ranchi may pass a fresh order in accordance with law. 8. In the result, this criminal miscellaneous petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 17th July, 2025 AFR/Sonu-Gunjan/-