(2025:JHHC:26763) 1 Cr. M.P. No.2381 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2381 of 2025 ------ Gyandeep @ Gyandeep Kumar @ Gyan Dip, aged about 29 years son of Yugal Kishore, resident of Village- Sohagara, P.S. Kandi, P.O.- Shivpur, District- Garhwa, Jharkhand … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Vishnu Prabhakar Pathak, Advocate For the State : Ms. Shweta Singh, 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 09.06.2025 passed by the learned Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No.149 of 2023 whereby and where under the learned Chief Judicial Magistrate, Garhwa has issued the proclamation under Section 82 of Cr.P.C. without fixing the time and place for appearance of the petitioner. 3. The brief fact of the case is that on 09.06.2025, the Investigating Officer of the case filed a requisition for issuance of the proclamation under Section 82 of Cr.P.C but the learned Chief Judicial Magistrate, Garhwa without fixing the time and place for appearance of the petitioner, who is the accused person of the case, has directed to issue the proclamation against the petitioner. 4. Learned counsel for the petitioner submits that it was incumbent upon the learned Chief Judicial Magistrate, Garhwa to fix the time and place for (2025:JHHC:26763) 2 Cr. M.P. No.2381 of 2025 appearance of the petitioner who is the accused person of the case concerned, in the order itself by which proclamation under Section 82 of Cr.P.C. has been issued but having not done so, the learned Chief Judicial Magistrate, Garhwa has committed a grave illegality. Therefore, it is submitted that the prayer of the petitioner, as prayed for in the instant Cr.M.P., be allowed. 5. Learned Addl.P.P. appearing for the State vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that though the time and place for appearance of the petitioner have not been mentioned in the said order dated 09.06.2025; but it is apparent that the petitioner was required to appear before the court concerned on thirty (30) days after issuance of the proclamation under Section 82 of Cr.P.C. Hence, it is 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, 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 mention the time and place for appearance of the accused, in respect of whom such proclamation is issued, in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Chief Judicial Magistrate, Garhwa has not fixed any time or place for appearance of the petitioner, who is the accused person of the case concerned, this Court has no hesitation in holding that the learned Chief Judicial Magistrate, Garhwa has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. 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 (2025:JHHC:26763) 3 Cr. M.P. No.2381 of 2025 and this is a fit case where the order dated 09.06.2025 passed by the learned Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No.149 of 2023, be quashed and set aside. 7. Accordingly, the order dated 09.06.2025 passed by the learned Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No.149 of 2023, is quashed and set aside. 8. The learned Chief Judicial Magistrate, Garhwa may pass a fresh order in accordance with law. 9. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 04th of September, 2025 AFR/ Animesh