( 2025:JHHC:27107 ) Cr.M.P. No.2109 of 2020 With Cr.M.P. No.526 of 2021 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2109 of 2020 Upendra Singh, aged about 70 years, son of Late Mangal Dayal Singh, resident of Sidheshwar Nagar Mainpura, P.O. and Police Station –Fulwari, District –Patna (Bihar). .... Petitioner Versus The State of Jharkhand …. Opp. Party With Cr.M.P. No. 526 of 2021 Arbind Kumar Verma, aged about 71 years, son of Late Shatrudhan Narayan Verma, resident of village Balhi, P.O. Balhi, P.S. Simri, Bakhtiyarpur, District –Sharsha, Retired Block Agriculture Officer, Gidhaur, Chatra. .... 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. Abhay Kumar Chaturvedy, Advocate For the State : Mr. Abhay Kumar Tiwari, Addl. P.P. : Mr. Arup Kr. Dey, Addl. P.P. ….. By the Court:- 1. Heard the parties. 2. The learned counsel for the petitioners submits that though Criminal Miscellaneous Petition 2109 of 2020 has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with twin prayers to quash the ( 2025:JHHC:27107 ) Cr.M.P. No.2109 of 2020 With Cr.M.P. No.526 of 2021 2 orders dated 05.03.2012 and 03.07.2019 respectively passed by the learned Chief Judicial Magistrate, Chatra in Sadar P.S. Case No. 144 of 2011, corresponding to G.R. Case No. 730 of 2011 but the petitioner does not press the prayer to quash the order dated 03.07.2019, passed in the said Chatra in Sadar P.S. Case No. 144 of 2011, corresponding to G.R. Case No. 730 of 2011. Hence the same is rejected as not pressed. 3. It is next submitted by the learned counsel for the petitioner that the petitioner confines his prayer to quash the order dated 05.03.2012, passed in the said Sadar P.S. Case No. 144 of 2011, corresponding to G.R. Case No. 730 of 2011 by which proclamation under Section 82 of the Cr.P.C. has been issued against the petitioners without complying with the mandatory requirements of law and without recording any satisfaction that the petitioner is absconding and concealing himself to evade his arrest and without fixing any time and place for the appearance of the petitioner; who is the accused person of the case. 4. 4. It is further submitted by the learned counsel for the petitioner that Criminal Miscellaneous Petition No. 526 of 2021 has also been filed with the prayer to quash the said two orders dated 05.03.2012 and 03.07.2019 respectively passed by the learned Chief Judicial Magistrate, Chatra in Sadar P.S. Case No. 144 of 2011, corresponding to G.R. Case No. 730 of 2011 but additionally prayer has also been made to quash the 24.01.2020, ( 2025:JHHC:27107 ) Cr.M.P. No.2109 of 2020 With Cr.M.P. No.526 of 2021 3 passed by the learned Additional Sessions Judge –VI, Chatra in Criminal Revision No. 15 of 2019 but the learned counsel for the petitioner submits that the petitioner does not press the prayer to quash the entire order dated 03.07.2019, passed by the learned Chief Judicial Magistrate, Chatra, in the said Chatra in Sadar P.S. Case No. 144 of 2011, corresponding to G.R. Case No. 730 of 2011 and only presses the prayer to quash the portion of the order dated 24.01.2020, passed by the learned Additional Sessions Judge –VI, Chatra Criminal Revision No. 15 of 2019; by which the learned Additional Sessions Judge –VI, Chatra dismissed the criminal revision filed inter-alia against the order dated 05.03.2012. 5. Keeping in view the common prayer made in these two criminal miscellaneous petitions, these two criminal miscellaneous petitions are disposed of by this common order. 6. It is submitted by the learned counsel for the petitioners, relying upon the Judgment of this Court in the case of Julekha Khatoon Vs. The State of Jharkhand, dated 05.01.2024 in Cr.M.P. No. 4551 of 2022 that in that case, this Court reiterated the 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 the proclamation under Section 82 of the Cr.P.C. is made, is absconding or concealing himself to evade his arrest and in case the court ( 2025:JHHC:27107 ) Cr.M.P. No.2109 of 2020 With Cr.M.P. No.526 of 2021 4 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 such proclamation under Section 82 of Cr.P.C. was issued. Hence, it is submitted that the prayer as prayed for by the petitioners in these criminal miscellaneous petitions be allowed. 7. The learned Addl. P.P. on the other hand vehemently opposes the prayer as prayed for by the petitioners in these criminal miscellaneous petitions and submits that the very fact that the learned Chief Judicial Magistrate, Chatra has issued the proclamation under Section 82 of the Cr.P.C. itself shows that there were materials available in the record for the learned Chief Judicial Magistrate, Chatra to be satisfied that there is justification for issuance of such proclamation and proceeding. Hence, it is submitted that these criminal miscellaneous petitions being without any merit be dismissed. 8. Having heard the rival submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here, that as already indicated above, 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 the proclamation under Section 82 of the 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 the Cr.P.C. it must mention the time and place ( 2025:JHHC:27107 ) Cr.M.P. No.2109 of 2020 With Cr.M.P. No.526 of 2021 5 for appearance of the petitioner in the order itself by which such proclamation under Section 82 of Cr.P.C. is issued. 9. Now coming to the facts of the case, as already indicated above, since the learned Chief Judicial Magistrate, Chatra has failed to record any satisfaction that the petitioners are absconding or concealing themselves to evade their arrest and has also not fixed any time or place for appearance of the petitioners; who are the accused persons of the case, hence, this Court is of the considered view that the order dated 05.03.2012, passed by the learned Chief Judicial Magistrate, Chatra in the said Sadar P.S. Case No. 144 of 2011, corresponding to G.R. Case No. 730 of 2011 is not sustainable in law. 10. Accordingly, the order dated 05.03.2012, passed by the learned Chief Judicial Magistrate, Chatra in the said Sadar P.S. Case No. 144 of 2011, corresponding to G.R. Case No. 730 of 2011 being not sustainable in law is quashed and set aside. 11. The learned Additional Sessions Judge –VI, Chatra has also failed to take into consideration this settled principle of law, hence the impugned judgment passed by him vide judgment dated 24.01.2020 in Criminal Revision No. 15 of 2019 is also quashed and set aside so far as it relates to the order dated 05.03.2012, passed by the learned Chief Judicial Magistrate, Chatra in the said Sadar P.S. Case No. 144 of 2011, ( 2025:JHHC:27107 ) Cr.M.P. No.2109 of 2020 With Cr.M.P. No.526 of 2021 6 corresponding to G.R. Case No. 730 of 2011 while maintaining it for the remaining part of the order. 12. These criminal miscellaneous petitions are allowed to the aforesaid extent only. 13. In view of disposal of these criminal miscellaneous petitions, the interim relief, if any, granted earlier in the respective cases are vacated. 14. Registry is directed to intimate the court concerned forthwith. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 14th August, 2025 AFR/Sonu-Gunjan/-