IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 3380 of 2024 Krishna Mahto, aged about 47 years, son of Dukhu Mahto, resident of Village Kuchu, P.O. Kuchu, P.S. Ormanjhi, Kuchu, District Ranchi, Jharkhand --- --- Petitioner Versus The State of Jharkhand --- --- Opp. Party --- CORAM: Hon’ble Mr. Justice Ambuj Nath --- For the Petitioner: M/s Indrajit Sinha, Sagar Kumar, Advocates For the O.P-State: Mr. Prabir Kr. Chatterjee, Special P.P. --- 08 / 21.02.2025 Petitioner Krishna Mahto has filed this application for quashing of order dated 20.08.2013, passed by the learned Judicial Magistrate, Ranchi in connection with Ormanjhi P.S. Case No. 14 of 2012 corresponding to G.R. No. 494 of 2012, whereby the learned Judicial Magistrate, Ranchi has issued non-bailable warrant of arrest against the petitioner. Petitioner has further prayed for quashing of the order dated 21.01.2014, whereby the learned Judicial Magistrate, Ranchi has issued proclamation against the petitioner under section 82 of the Cr. P.C and finally, petitioner has prayed for quashing of the order dated 21.08.20214, whereby and wherein, the learned Judicial Magistrate has attached the property of the petitioner under section 83 of the Cr. P.C. 2. Learned counsel for the petitioner, at the very outset, submits that he will not be pressing the prayer for quashing of the non-bailable warrant of arrest issued against the petitioner. It was further submitted that without execution report of non-bailable warrant of arrest issued against the petitioner, learned Magistrate has issued proclamation under section 82 of the Cr. P.C. It was further submitted that without execution report of the process issued under section 82 of the Cr. P.C., learned Magistrate has attached the property of the petitioner under section 83 of the Cr. P.C. 3. State has filed its counter affidavit. However, in the counter affidavit, it has not been mentioned whether the order of proclamation under section 82 of the Cr. P.C. was issued after the execution report of non-bailable warrant of arrest or, whether order under section 83 of the Cr. P.C for attachment of property of the petitioner was issued after 2. execution report of the process under section 82 of the Cr. P.C. It further appears from the certified copy of the order sheet which has been annexed as Annexure-2 series to this application that the learned Magistrate without following the due procedure of law has issued proclamation under section 82 of the Cr. P.C and attached the property of the petitioner under section 83 of the Cr. P.C. 4. In view of the aforesaid facts, order dated 21.01.2014 whereby process was issued under section 82 of the Cr. P.C and order 21.08.2014 whereby property of the petitioner was attached under section 83 of the Cr. P.C, are quashed. 5. This Criminal Miscellaneous petition is partly allowed. Pending I.A. if any, also stands disposed of. (Ambuj Nath, J) Ranjeet/ Uploaded