(2025:JHHC:25788) 1 Cr. M.P. No.2361 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2361 of 2025 ------ Fariyad Ansari, aged about 28 years, S/o Salim Ansari, R/o village- Patagado Kochia, PO - Kochia, PS – Bishunpur, District- Garhwa, Jharkhand … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Sheo Kr. Singh, Advocate Mr. Raj Nandan Chatterjee, Advocate For the State : Mr. Manoj Kr. Mishra, Addl.P.P. For the O.P. No.2 : Mr. Shailesh Kr. Singh, Advocate Mr. Abhijeet Kr. Singh, Advocate ------ 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 15.05.2025 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Chirkunda (Maithan) P.S. Case No.16 of 2024 by which the learned Chief Judicial Magistrate has directed for issuance of proclamation under Section 82 of Cr.P.C. inter alia against the petitioner who is the accused person of the said case. 3. The brief facts of the case is that on 15.05.2025, a petition along with the execution report of the non-bailable warrant issued against the petitioner, who is the accused person of the case, was filed by the Investigating Officer of the case stating therein that the petitioner is absconding and concealing himself to (2025:JHHC:25788) 2 Cr. M.P. No.2361 of 2025 evade his arrest and the learned Chief Judicial Magistrate on being satisfied that the petitioner is absconding and concealing himself to evade his arrest, directed the issuance of the proclamation under Section 82 of Cr.P.C. fixing the time and place for appearance of the petitioner. 4. Learned counsel for the petitioner submits that the allegation against the petitioner is false. It is next submitted that there is delay in lodging the F.I.R. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed. 5. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner and submit that the learned Chief Judicial Magistrate, Dhanbad after recording his satisfaction that the petitioner is absconding and concealing himself to evade his arrest, has directed for issuance of the proclamation under Section 82 of Cr.P.C. Hence, there is no illegality in the impugned order. It is lastly submitted that this Cr.M.P., being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that the learned Chief Judicial Magistrate, Dhanbad on being satisfied that the petitioner is evading the due process of law and is absconding and concealing himself to evade his arrest, has directed for issuance of the proclamation under Section 82 of Cr.P.C. fixing the time and place for appearance of the petitioner. 7. Hence, this Court do not find any illegality in the impugned order dated 15.05.2025 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Chirkunda (Maithan) P.S. Case No.16 of 2024, warranting (2025:JHHC:25788) 3 Cr. M.P. No.2361 of 2025 interference of this Court in exercise of its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 28th of August, 2025 AFR/ Animesh