(2025:JHHC:29693) Cr.M.P. No.2772 of 2025 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2772 of 2025 Anand Singh, s/o late Satyanaryan Singh, age about 45 yrs., r/o Village-Singra Kala, P.O.+P.S.-Sadar, Dist.-Palamu, Jharkhand .... Petitioner Versus The State of Jharkhand …. Opp. Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Rahul Pandey, Advocate For the State : Mr. Rajesh Kumar, Addl. P.P. ….. By the Court:- 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S. with the prayer to quash the order dated 05.10.2023/03.04.2024 passed by the learned Special Judge, SC/ST Act Cases, Palamau at Daltonganj in connection with SC/ST Case No. 03(A) of 2016 arising out of Daltonganj (Sadar) P.S. Case No.141 of 2007 by which the learned Special Judge, SC/ST Act Cases, Palamau at Daltonganj has issued the proclamation under Section 82 Cr.P.C. 3. It is submitted by the learned counsel for the petitioner that proclamation under Section 82 of Cr.P.C. has been issued vide order dated 05.10.2023/03.04.2024 without following the due process of law and without recording the satisfaction that the petitioner is (2025:JHHC:29693) Cr.M.P. No.2772 of 2025 2 absconding or concealing himself to evade his arrest which is a sine qua non for issuing proclamation under Section 82 of Cr.P.C. and without fixing any time or place for the appearance of the petitioner. Hence, it is submitted that the prayer as prayed for in this criminal miscellaneous petition be allowed. 4. Learned Additional Public Prosecutor on the other hand opposes the prayer and submits that the very fact that the learned Special Judge, SC/ST Act Cases, Palamau at Daltonganj has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned Special Judge, SC/ST Act Cases, Palamau at Daltonganj to be satisfied that there is justification for issuance of such proclamation. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 5. Having heard the submissions made at the Bar and after going through the materials 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 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 Special Judge, SC/ST Act Cases, Palamau at Daltonganj has neither recorded its satisfaction that the petitioner is absconding or concealing himself to evade his (2025:JHHC:29693) Cr.M.P. No.2772 of 2025 3 arrest nor fixed any time or place for appearance of the petitioner who is the accused person of this case, this Court has no hesitation in holding that the learned Special Judge, SC/ST Act Cases, Palamau at Daltonganj 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 05.10.2023/03.04.2024 passed by the learned Special Judge, SC/ST Act Cases, Palamau at Daltonganj in connection with SC/ST Case No. 03(A) of 2016 arising out of Daltonganj (Sadar) P.S. Case No.141 of 2007 be quashed and set aside. 6. Accordingly, the order 05.10.2023/03.04.2024 passed by the learned Special Judge, SC/ST Act Cases, Palamau at Daltonganj in connection with SC/ST Case No. 03(A) of 2016 arising out of Daltonganj (Sadar) P.S. Case No.141 of 2007, is quashed and set aside. 7. The learned Special Judge, SC/ST Act Cases, Palamau at Daltonganj may pass a fresh order in accordance with law. 8. In the result, this criminal miscellaneous petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 24th September, 2025 AFR/Sonu-Gunjan/-