[2025:JHHC:23848] 1 Cr. M.P. No.2383 of 2019 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2383 of 2019 ------ Belal Ansari, Aged about- 20 years, S/o- Sereli Mian, R/o- Village Loknia, P.O. + P.S.- Narayanpur, District- Jamtara. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Ashutosh Pd. Joshi, Advocate For the State : Mr. Suraj Deo Munda, Addl.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 482 of the Code of Criminal Procedure with a prayer to quash the order dated 23.01.2019 passed by the learned Chief Judicial Magistrate, Giridih by which the warrant of arrest has been issued and also to quash the order dated 25.06.2019 passed by the learned Chief Judicial Magistrate, Giridih by which the proclamation under Section 82 of the Code of Criminal Procedure has been issued; in connection with Pirtand P.S. Case No.30 of 2018 involving the offences punishable under Section 394 of the Indian Penal Code and the said case is now pending in the court of the learned Chief Judicial Magistrate, Giridih. 3. Learned counsel for the petitioner submits that vide order dated 23.01.2019, warrant of arrest has been issued against the petitioner without recording any satisfaction that the petitioner is evading his arrest. Therefore, the order dated 23.01.2019 is not sustainable in law. Hence, it is submitted that the same be quashed and set aside. Learned counsel for the petitioner [2025:JHHC:23848] 2 Cr. M.P. No.2383 of 2019 next submits that vide order dated 25.06.2019, the proclamation under Section 82 of the Code of Criminal Procedure was issued against the petitioner without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing himself to evade his arrest which is a sine qua non for issuing the proclamation under Section 82 of the Code of Criminal Procedure; without mentioning the time and place for appearance of the petitioner. Hence, the order dated 25.06.2019 is also not sustainable in law and the same be also quashed and set aside. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 4. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer as prayed for by the petitioner in this Criminal Miscellaneous Petition for quashing the orders dated 23.01.2019 and 25.06.2019 passed by the learned Chief Judicial Magistrate, Giridih in connection with Pirtand P.S. Case No.30 of 2018 and submits the very fact that the learned Chief Judicial Magistrate, Giridih has passed order for issuance of warrant of arrest and the proclamation under Section 82 of the Code of Criminal Procedure respectively, the same itself goes to show that there were sufficient materials available in the record for the learned Chief Judicial Magistrate, Giridih to be satisfied that the petitioner is concealing himself and evading his arrest. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 5. 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 so far as the order dated 23.01.2019 passed by the [2025:JHHC:23848] 3 Cr. M.P. No.2383 of 2019 learned Chief Judicial Magistrate, Giridih in connection with Pirtand P.S. Case No.30 of 2018 is concerned, Section 73 of the Code of Criminal Procedure vests inter alia the power upon the learned Chief Judicial Magistrate to direct a warrant to any person within his local jurisdiction if, inter alia such person is accused of non-bailable offence and is evading his arrest. 6. Now coming to the facts of the case, undoubtedly, the petitioner is an accused of committing the non-bailable offence under Section 394 of the Indian Penal Code but there is absolutely no satisfaction recorded by the learned Chief Judicial Magistrate, Giridih that the petitioner is evading his arrest and in the absence of any satisfaction about the essential ingredients to direct a warrant; certainly, the learned Chief Judicial Magistrate, Giridih has committed a grave illegality by directing the warrant of arrest against the petitioner vide order dated 23.01.2019. Hence, the order dated 23.01.2019 passed by the learned Chief Judicial Magistrate, Giridih in connection with Pirtand P.S. Case No.30 of 2018 being not sustainable in law, is liable to be quashed and set aside. 7. Accordingly, the order dated 23.01.2019 passed by the learned Chief Judicial Magistrate, Giridih in connection with Pirtand P.S. Case No.30 of 2018 is quashed and set aside. 8. So far as the order dated 25.06.2019 is concerned, by now it is a settled principle of law that the court which issues the proclamation under Section 82 of the Code of Criminal Procedure must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure is made, is absconding or concealing himself to [2025:JHHC:23848] 4 Cr. M.P. No.2383 of 2019 evade his arrest and in case the court decides to issue the proclamation under Section 82 of the Code of Criminal Procedure, it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of the Code of Criminal Procedure is issued. 9. As already indicated above since the learned Chief Judicial Magistrate, Giridih vide order dated 25.06.2019 passed in connection with Pirtand P.S. Case No.30 of 2018 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 who is the accused person of the case, this Court has no hesitation in holding that the order dated 25.06.2019 passed by the learned Chief Judicial Magistrate, Giridih in connection with Pirtand P.S. Case No.30 of 2018 has committed illegality by issuing the said proclamation under Section 82 of the Code of Criminal Procedure 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 Court has no hesitation in holding that the order dated 25.06.2019 passed by the learned Chief Judicial Magistrate, Giridih in connection with Pirtand P.S. Case No.30 of 2018, be quashed and set aside. 10. Accordingly, the order dated 25.06.2019 passed by the learned Chief Judicial Magistrate, Giridih in connection with Pirtand P.S. Case No.30 of 2018, is quashed and set aside. 11. The learned Chief Judicial Magistrate, Giridih may pass a fresh order in accordance with law. [2025:JHHC:23848] 5 Cr. M.P. No.2383 of 2019 12. In the result, this Criminal Miscellaneous Petition is allowed. 13. In view of disposal of the instant Criminal Miscellaneous Petition, the interim relief granted earlier vide order dated 17.03.2020 is vacated. 14. Registry is directed to intimate the court concerned forthwith. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 13th of August, 2025 AFR/ Saroj