(2025:JHHC:26749) 1 Cr. M.P. No.2521 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2521 of 2025 ------ 1. Arun Kumar Mandal @ Arun Mandal, aged about 29 years, S/o- Guddu Mandal, R/o Village-Chikasoria, Fuljori, P.O.-Mundro, P.S.-Gandy, Dist.-Giridih, Jharkhand 2. Dilchand Mandal @ Dilchand Kumar Mandal, aged about 26 years, S/o Dego Mandal, R/o- Village-Chikasoria, Fuljori, P.O.- Mundro, P.S.-Gandy, Dist.-Giridih, Jharkhand … Petitioners Versus The State of Jharkhand … Opposite Party ------ For the Petitioners : Mr. R. S. Mazumdar, Sr. Advocate Mr. Rohan Mazumdar, Advocate Ms. Diksha Rani, Advocate For the State : Mr. Achinto Sen, 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 02.07.2024 passed by the learned Additional Sessions Judge-II cum-Special Judge Cyber Crime, Giridih in connection with Ahilyapur P.S. Case No.38 of 2023 (supp.) whereby and where under the learned Additional Sessions Judge-II cum-Special Judge Cyber Crime, Giridih has issued the proclamation under Section 82 of Cr.P.C. without fixing the time and place for appearance of the petitioners. 3. The brief fact of the case is that on 02.07.2024, the Investigating Officer of the case filed a requisition for issuance of the proclamation under Section 82 of (2025:JHHC:26749) 2 Cr. M.P. No.2521 of 2025 Cr.P.C but the learned Additional Sessions Judge-II cum-Special Judge Cyber Crime, Giridih without fixing the time and place for appearance of the petitioners, who are the accused person of the case, has issued the proclamation. 4. Learned counsel for the petitioners submits that it was incumbent upon the learned Additional Sessions Judge-II cum-Special Judge Cyber Crime, Giridih to fix the time and place for appearance of the petitioners who are the accused persons of the case, in the order itself by which proclamation under Section 82 of Cr.P.C. has been issued but having not done so, the learned Additional Sessions Judge-II cum-Special Judge Cyber Crime, Giridih has committed a grave illegality. Therefore, it is submitted that the prayer of the petitioners, 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 petitioners 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 02.07.2024 but the said order itself shows that there were materials available in the record for the learned Additional Sessions Judge-II cum-Special Judge Cyber Crime, Giridih to be satisfied that there is justification for issuance of such proclamation. 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. it must mention the time and place for appearance of the accused in respect of whom such proclamation is issued, in (2025:JHHC:26749) 3 Cr. M.P. No.2521 of 2025 the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Additional Sessions Judge-II cum- Special Judge Cyber Crime, Giridih has not fixed any time or place for appearance of the petitioners who are the accused persons of the case concerned, this Court has no hesitation in holding that the learned Additional Sessions Judge-II cum-Special Judge Cyber Crime, Giridih 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 and this is a fit case where the order dated 02.07.2024 passed by the learned Additional Sessions Judge-II cum-Special Judge Cyber Crime, Giridih in connection with Ahilyapur P.S. Case No.38 of 2023 (Supp.), be quashed and set aside. 7. Accordingly, order dated 02.07.2024 passed by the learned Additional Sessions Judge-II cum-Special Judge Cyber Crime, Giridih in connection with Ahilyapur P.S. Case No.38 of 2023 (Supp.), is quashed and set aside qua the petitioners. 8. The learned Additional Sessions Judge-II cum-Special Judge Cyber Crime, Giridih 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 4th of September, 2025 AFR/ Rohit