(2025:JHHC:23899) 1 Cr. M.P. No.4286 of 2019 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.4286 of 2019 ------ Birendra Singh @ Birendra Singh (Kharwar) aged about 36 years, son of Bhaju Singh, resident of village-Baridohar, P.O. & P.S.- Chhipadohar, Dist.-Latehar … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Randhir Kumar, Advocate For the State : Mr. P. D. Agarwal, Spl. 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 with multiple prayers but petitioner does not press the prayer to quash the order dated 29.03.2019 passed by learned Sub-Divisional Judicial Magistrate, Latehar by which non-bailable warrant of arrest was issued against the petitioner in connection with Chhipadohar P.S. Case No.03 of 2019. 3. Accordingly, the prayer to quash the order dated 29.03.2019 passed in Chhipadohar P.S. Case No.03 of 2019 by the Sub-Divisional Judicial Magistrate, Latehar is rejected as not pressed. 4. Learned counsel for the petitioner submits that the petitioner does not press the prayer to quash the entire criminal proceeding of Chhipadohar P.S. Case No.03 of 2019 and seeks permission of this Court to withdraw the instant Cr.M.P. with a liberty to file an application under Section 210 of Cr.P.C which corresponds to Section 233 of B.N.N.S., 2023. 5. Permission is accorded. 6. Accordingly, the instant Cr.M.P. stands dismissed as withdrawn in respect of the prayer to quash the entire criminal proceeding in connection (2025:JHHC:23899) 2 Cr. M.P. No.4286 of 2019 with Chhipadohar P.S. Case No.03 of 2019 with the aforesaid liberty to the petitioner. 7. Learned counsel for the petitioner submits that petitioner only confines his prayer to quash the order dated 05.08.2019 passed by the Sub- Divisional Judicial Magistrate, Latehar passed in Chhipadohar P.S. Case No.03 of 2019 by which learned Magistrate, without recording its satisfaction that the petitioner is absconding or concealing himself to evade his arrest, has issued the proclamation under Section 82 Cr.P.C without fixing the time and place for his appearance even though the petitioner is an accused in this case. Hence, it is submitted that the only prayer of the petitioner to quash the order dated 05.08.2019 passed by the Sub-Divisional Judicial Magistrate, Latehar passed in Chhipadohar P.S. Case No.03 of 2019 by which learned Magistrate has issued the proclamation under Section 82 Cr.P.C without fixing the time and place for his appearance; be quashed and set aside. 8. Learned Spl. P.P. opposes the prayer and submits that the very fact that the learned Sub-Divisional Judicial Magistrate, Latehar has issued proclamation under Section 82 of Cr.P.C goes to show that there is sufficient material in the record for the learned Sub-Divisional Judicial Magistrate, Latehar to be satisfied that there is justification for issuance of such proclamation under Section 82 of Cr.P.C. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed. 9. 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 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 accused in the order itself by which the proclamation under Section 82 of Cr.P.C is issued. (2025:JHHC:23899) 3 Cr. M.P. No.4286 of 2019 As already indicated above since the learned SDJM, Latehar 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, this Court has not hesitation in holding that the learned Sub- Divisional Judicial Magistrate, Latehar 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 05.08.2019 passed by the Sub- Divisional Judicial Magistrate, Latehar passed in connection with Chhipadohar P.S. Case No.03 of 2019 be quashed and set aside. 10. Accordingly, the order dated 05.08.2019 passed by the Sub- Divisional Judicial Magistrate, Latehar passed in Chhipadohar P.S. Case No.03 of 2019, is quashed and set aside. 11. The learned Sub-Divisional Judicial Magistrate, Latehar, may pass a fresh order in accordance with law. 12. In the result, this Cr.M.P. stands allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 14st of August, 2025 AFR/ Rohit