( 2025:JHHC:24683 ) 1 Cr.M.P. No.3415 of 2019 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3415 of 2019 Biswanath Sonkar @ Bishu Sonkar, Son of Kishan Lal Sonkar, aged about 39 years, resident of village –S.P.G. Mission Compound, P.O. –Chaibasa, P.S. –Sadar, District –West Singhbhum (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 : Md. Razaullah Ansari, Advocate For the State : Mr. Nawin Kr. Singh, Addl. P.P. ….. By the Court:- 1. Heard the parties. 2. Though this criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with several prayers but the petitioner does not press his prayer to quash the order dated 05.03.2016 by which bailable warrant of arrest has been issued against the petitioner and confines his prayer to quash the order dated 23.11.2016 by which non-bailable warrant of arrest has been issued against the petitioner and the order dated 14.03.2019 by which the proclamation under Section 82 of the Cr.P.C. has been issued against the petitioner in connection with Sadar P.S. Case No. 38 of 2015 corresponding to G.R. Case No. 261 of 2015 by the learned Chief Judicial Magistrate, Chaibasa. 3. It is submitted by the learned counsel for the petitioner that the learned Chief Judicial Magistrate, Chaibasa has committed a grave ( 2025:JHHC:24683 ) 2 Cr.M.P. No.3415 of 2019 illegality in issuing the non-bailable warrant of arrest vide order dated 23.11.2016, passed in connection with Sadar P.S. Case No. 38 of 2015 corresponding to G.R. Case No. 261 of 2015 though as mentioned in the order itself, the execution report of the bailable warrant of arrest was not received. It is then submitted that the order dated 14.03.2019, passed in the said case, has been passed for issuing the proclamation under Section 82 of the Cr.P.C. 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 the proclamation under Section 82 of the Cr.P.C. that too without mentioning any time and place for appearance of the petitioner. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed. 4. The learned Addl. P.P. on the other hand vehemently opposes the prayer as prayed for by the petitioner in this criminal miscellaneous petition and submits that the very fact that the learned Chief Judicial Magistrate, Chaibasa has issued the non-bailable warrant of arrest and the proclamation under Section 82 of the Cr.P.C. itself goes to show that there were sufficient materials in the record for the learned Chief Judicial Magistrate, Chaibasa to be satisfied for passing such orders. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 5. Having heard the rival submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that since the learned Chief Judicial Magistrate, ( 2025:JHHC:24683 ) 3 Cr.M.P. No.3415 of 2019 Chaibasa has ordered for issuance of bailable warrant of arrest, so it has committed a grave illegality by passing orders for issuance of non-bailable warrant of arrest vide order dated 23.11.2016 without execution report of the bailable warrant of arrest having received back on the record. Hence, the said order dated 23.11.2016, passed in connection with Sadar P.S. Case No. 38 of 2015 corresponding to G.R. Case No. 261 of 2015 is not sustainable in law. 6. So far as the order dated 14.03.2019, passed in the said case is concerned, 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 Chief Judicial Magistrate, Chaibasa 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, thus this Court has no hesitation in holding that the learned Chief Judicial Magistrate, Chaibasa has committed gross 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 ( 2025:JHHC:24683 ) 4 Cr.M.P. No.3415 of 2019 continuation of the same will amount to abuse of process of law. Therefore, this is a fit case where the order dated 14.03.2019 be quashed and set aside. 7. Accordingly, the orders dated 23.11.2016 and 14.03.2019, passed in connection with Sadar P.S. Case No. 38 of 2015 corresponding to G.R. Case No. 261 of 2015 are quashed and set aside. 8. The learned Chief Judicial Magistrate, Chaibasa may pass a fresh order in accordance with law. 9. This criminal miscellaneous petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 7th August, 2025 AFR/Sonu-Gunjan/-