(2025:JHHC:22360) 1 Cr. M.P. No.4151 of 2019 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.4151 of 2019 ------ Tripurari Singh, aged about 46 years, S/o. Late Shyamlal Singh, Resident of House No.11, P.O.- Punasi, P.S.- Singjori, District- Deoghar, Jharkhand-814152 … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Niranjan Kumar, Advocate For the State : Mr. Someshwar Rai, 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 482 of the Code of Criminal Procedure, 1973 with a prayer to quash the order dated 01.10.2019 passed by the learned Chief Judicial Magistrate, Deoghar in connection with Devipur P.S. Case No.96 of 2011 corresponding to G.R. Case No.1142 of 2011 by which proclamation under Section 82 of Cr.P.C. has been issued inter alia against the petitioner without fixing the time and place for appearance of the petitioner. 3. Learned counsel for the petitioner submits that the learned Chief Judicial Magistrate, Deoghar has committed a grave illegality by ordering issuance of proclamation under Section 82 of Cr.P.C. vide the said order dated 01.10.2019 without following the due process of law and without mentioning the time and place for appearance of the petitioner. Hence, it is submitted that the order dated 01.10.2019 passed by the learned Chief Judicial Magistrate, Deoghar in (2025:JHHC:22360) 2 Cr. M.P. No.4151 of 2019 connection with Devipur P.S. Case No.96 of 2011 corresponding to G.R. Case No.1142 of 2011, is not sustainable in law. Therefore, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed. 4. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 01.10.2019 passed by the learned Chief Judicial Magistrate, Deoghar in connection with Devipur P.S. Case No.96 of 2011 corresponding to G.R. Case No.1142 of 2011 and submits that the very fact that the learned Chief Judicial Magistrate, Deoghar has issued the proclamation under Section 82 of Cr.P.C., itself shows that there were materials available in the record for the learned Chief Judicial Magistrate 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. 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. 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, Deoghar 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 who is the (2025:JHHC:22360) 3 Cr. M.P. No.4151 of 2019 accused person of the said case, this Court has no hesitation in holding that the learned Chief Judicial Magistrate, Deoghar has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying 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 01.10.2019 passed by the learned Chief Judicial Magistrate, Deoghar in connection with Devipur P.S. Case No.96 of 2011 corresponding to G.R. Case No.1142 of 2011, be quashed and set aside. 6. Accordingly, the order dated 01.10.2019 passed by the learned Chief Judicial Magistrate, Deoghar in connection with Devipur P.S. Case No.96 of 2011 corresponding to G.R. Case No.1142 of 2011, is quashed and set aside. 7. The learned Chief Judicial Magistrate, Deoghar 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 07th of August, 2025 AFR/ Animesh