( 2025:JHHC:26978 ) 1 Cr. M.P. No.2543 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2543 of 2025 ------ Tarun Kumar Singh @ Tarun Singh, aged about 48 years, S/o-Prafull Singh, R/o-Chandankiyari, Mahal, P.O. + P.S.-Chandankiyari, District-Bokaro. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Pratiush Lala, Advocate For the State : Mrs. 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 B.N.S.S., 2023 with a prayer to quash the order dated 30.06.2025 passed by the learned Additional Sessions Judge-I, Dhanbad in connection with Criminal Revision No.69 of 2025 by which the learned Additional Sessions Judge-I, Dhanbad upheld the order dated 19.07.2019 passed by the learned Sub- Divisional Judicial Magistrate, Dhanbad in connection with Katras P.S. Case No.305 of 2018 involving the offences punishable under Section 467, 468, 471, 420, 34 of the Indian Penal Code, whereby and whereunder the learned Sub-Divisional Judicial Magistrate, Dhanbad has issued proclamation under Section 82 of the Code of Criminal Procedure against the petitioner and prayer has also been made to quash the order dated ( 2025:JHHC:26978 ) 2 Cr. M.P. No.2543 of 2025 19.07.2019 passed by learned SDJM, Dhanbad in connection with the aforesaid case. 3. The brief fact of the case is that on 19.07.2019, the investigating officer submitted an application praying therein for issuance of proclamation under Section 82 of Cr.P.C. against the petitioner who is one of the accused persons of Katras P.S. Case No.305 of 2018 (S) of the Court of learned Sub-Divisional Judicial Magistrate, Dhanbad. The learned Sub- Divisional Judicial Magistrate, Dhanbad considering the fact that the petitioner is wanted in connection with the said case and is not appearing in the Court; ordered for issuance of proclamation under Section 82 of Cr.P.C. The petitioner challenged the said order by filing Criminal Revision No.69 of 2025, but the learned Additional Sessions Judge-I, Dhanbad vide its judgment dated 30.06.2025 held that the trial court has not committed any error by passing the order for issuance of the proclamation under section 82 of Cr.P.C. and upheld the said order and dismissed the criminal revision. 4. 4. Learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. has been issued vide order dated 19.07.2019 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 proclamation under Section 82 of Cr.P.C., that too without fixing any time and place for appearance of the petitioner, who is the accused person of the said case and the learned Additional Sessions Judge-I, Dhanbad without ( 2025:JHHC:26978 ) 3 Cr. M.P. No.2543 of 2025 considering the illegality on the part of the learned Sub-Divisional Judicial Magistrate, Dhanbad has erroneously held that there is no illegality in the said order. Hence, it is submitted that the order dated 19.07.2019 passed by the learned Sub-Divisional Judicial Magistrate, Dhanbad in connection with Katras P.S. Case No.305 of 2018 and the order dated 30.06.2025 passed by the learned Additional Sessions Judge-I, Dhanbad in Criminal Revision No.69 of 2025, be quashed and a set aside. 5. Learned Spl.P.P. appearing for the State vehemently opposes the prayer and submits that the very fact that the learned SDJM, Dhanbad has issued the proclamation under Section 82 of Cr.P.C. goes to show that there was ample material in the record to justify the issuance of the proclamation under section 82 of Cr.P.C., thus, the learned SDJM, Dhanbad has not committed any error, similarly, the learned Additional Sessions Judge-I, Dhanbad has also not committed any error as there was no illegality in the said order. Hence, it is submitted that this Criminal Miscellaneous Petition, 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 record its satisfaction that the accused in respect of whom the proclamation under Section 82 of 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 Cr.P.C. it must mention the time ( 2025:JHHC:26978 ) 4 Cr. M.P. No.2543 of 2025 and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Sub-Divisional Judicial Magistrate, Dhanbad 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, this Court has no hesitation in holding that the learned Sub-Divisional Judicial Magistrate, Dhanbad has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying with the mandatory requirements of law and the learned Additional Sessions Judge-I, Dhanbad has also committed grave illegality by ignoring the settled principle of law that the court which issues the proclamation under Section 82 of Cr.P.C. has to record its satisfaction that the accused in respect of whom the proclamation under Section 82 of 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 Cr.P.C. it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. Hence, the said orders are not sustainable in law and the continuation of the same will amount to abuse of process of law and this is a fit case where the order dated 19.07.2019 passed by the learned Sub-Divisional Judicial Magistrate, Dhanbad in connection with Katras P.S. Case No.305 of 2018 and the order dated 30.06.2025 passed by the learned Additional Sessions Judge-I, Dhanbad in Criminal Revision No.69 of 2025, be quashed and set aside qua the petitioner only. ( 2025:JHHC:26978 ) 5 Cr. M.P. No.2543 of 2025 7. Accordingly, the order dated 19.07.2019 passed by the learned Sub- Divisional Judicial Magistrate, Dhanbad in connection with Katras P.S. Case No.305 of 2018 and the order dated 30.06.2025 passed by the learned Additional Sessions Judge-I, Dhanbad in Criminal Revision No.69 of 2025, is quashed and set aside qua the petitioner only. 8. The learned Sub-Divisional Judicial Magistrate, Dhanbad 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 08th of September, 2025 AFR/ Abhiraj