(2025:JHHC:27727) 1 Cr. M.P. No.2602 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2602 of 2025 ------ Rohit Sahu aged about 25 Years S/O Munesh Sahu @ Muneshwar Sahu R/O Village – Turbul P.O. & P.S.- Kamdara District- Gumla (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Manoj Kr. Mishra, 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 specific prayer to quash the order dated 07.05.2025 passed by the learned Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-IV, Gumla in connection with Palkot P.S. Case No.11 of 2025 whereby and where under the learned Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-IV, Gumla has passed the order for issuance of the proclamation under Section 82 of Cr.P.C. without fixing the time and place for appearance of the petitioner. 3. Learned counsel for the petitioner submits that since the proclamation under Section 82 of Cr.P.C. has been issued by the impugned order but the same has been issued without following the due process of law. Hence, it is submitted that the same is not sustainable in law. Therefore, it is submitted that the prayer of the petitioner, as prayed for in the instant Cr.M.P., be allowed. (2025:JHHC:27727) 2 Cr. M.P. No.2602 of 2025 4. 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 has not been specifically mentioned in the said order dated 07.05.2025 but the petitioner was supposed to appear before the trial court on any day after thirty (30) days during the court hours, 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. 5. 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 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 the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-IV, Gumla 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 Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-IV, Gumla has committed a grave 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. Therefore, this is a fit case where the order dated 07.05.2025 passed by the learned Exclusive Special Judge, POCSO-cum- Additional Sessions Judge-IV, Gumla in connection with Palkot P.S. Case No.11 of 2025, be quashed and set aside. (2025:JHHC:27727) 3 Cr. M.P. No.2602 of 2025 6. Accordingly, the order dated 07.05.2025 passed by the learned Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-IV, Gumla in connection with Palkot P.S. Case No.11 of 2025, is quashed and set aside. 7. The learned Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-IV, Gumla may pass a fresh order in accordance with law. 8. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 11th of September, 2025 AFR/ Animesh