(2025:JHHC:25711) 1 Cr. M.P. No.4723 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.4723 of 2022 ------ Goutam Kumar Anand @ Gautam Kumar Anand, aged about 29 years, son of Late Surendra Lohra, resident of Village Chakbalram, P.O. Pakur, P.S. Pakur, Dist.-Pakur … Petitioner Versus 1. The State of Jharkhand 2. Kanti Sharma, S/o late Mahabir Sharma, age 58 years, Kalayntola P.O.+ P.S.-Bariyarpur, Dist.-Mungyer, Present address -R/o +2 High School, Maheshpur, P.O. + P.S.-Maheshpur, Dist.-Pakur … Opposite Parties ------ For the Petitioner : Mr. Durga C. Mishra, Advocate For the State : Mrs. Nehala Sharmin, 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 a prayer to quash the orders dated 02.05.2022 and 16.09.2022 respectively passed in Maheshpur P.S. Case No.14 of 2022, by the learned Sub-Divisional Judicial Magistrate, Pakur, whereby and whereunder learned Magistrate has ordered for issuance of non-bailable warrant of arrest and proclamation under Section 82 Cr.P.C. respectively against the petitioner. 3. The brief fact of the case is that on 02.05.2022 in the case of Maheshpur P.S. Case No.14 of 2022, the Investigation Officer of the case filed a petition (2025:JHHC:25711) 2 Cr. M.P. No.4723 of 2022 in the court of Sub-Divisional Judicial Magistrate, Pakur praying for issuance of non-bailable warrant of arrest against the petitioner. The court considered that petitioner is evading his arrest, though he is involved in the case involving non-bailable offences punishable under Sections 406 and 409 of the Indian Penal Code and being thus satisfied directed the issuance of non-bailable warrant of arrest against the petitioner. On 16.09.2022 again the Investigating Officer of this case filed an application for issuance of proclamation under Section 82 of Cr.P.C and keeping in view the fact that the petitioner being the accused in the present case was absconding and concealing himself to evade his arrest, the learned Sub-Divisional Judicial Magistrate, Pakur directed to issue proclamation under Section 82 of Cr.P.C. 4. Learned counsel for the petitioner submits that the petitioner earlier moved before the High Court for grant of anticipatory bail in A.B.A. No.5632 of 2022 and vide order dated 17.10.2022 after issuance of proclamation, an interim protection was given to the petitioner in the said anticipatory bail, application which was later on withdrawn. Hence, it is submitted that the prayer as prayed for by the learned counsel for the petitioner, be allowed. 5. On the other hand, learned Spl. P.P. appearing for the State vehemently opposes the prayer of the petitioner and submits that admittedly the petitioner was not given any interim protection nor was there any impediment for the learned Sub-Divisional Judicial Magistrate, Pakur to issue the non-bailable warrant of arrest on 02.05.2022 or the proclamation under Section 82 of Cr.P.C on 16.09.2022. It is next submitted that in fact the petitioner by suppressing the material fact that the proclamation under (2025:JHHC:25711) 3 Cr. M.P. No.4723 of 2022 Section 82 of Cr.P.C has already been issued on 16.09.2022, kept this Court in dark while praying for the order of interim protection. It is further submitted that the order of interim protection concerned was passed, subsequent to the issue of proclamation under Section 82 of Cr.P.C on 17.10.2022. It is next submitted that such dishonest act of the petitioner will no way affect the merits of the orders dated 02.05.2022 and 16.09.2022 passed by learned Sub-Divisional Judicial Magistrate, Pakur in Maheshpur P.S. Case No.14 of 2022. Hence, it is submitted that the instant Cr.M.P. being without any merit, be dismissed. 6. Having heard the submissions made at the Bar and after going through the materials in the records, it is pertinent to mention here that the learned Sub-Divisional Judicial Magistrate, Pakur was well within its jurisdiction to issue non-bailable warrant of arrest after being satisfied that though the petitioner is involved in non-bailable offences but he is evading his arrest. Hence, this Court do not find any illegality in the order dated 02.05.2022 passed by learned Sub-Divisional Judicial Magistrate, Pakur in Maheshpur P.S. Case No.14 of 2022. Similarly in the order dated 16.09.2022 also there is no illegality committed by the learned Sub-Divisional Judicial Magistrate, Pakur in Maheshpur P.S. Case no.14 of 2022 as after being satisfied that petitioner is absconding and concealing himself to evade his arrest, he has directed for issue of the proclamation under Section 82 of Cr.P.C. So far as the contention of the petitioner that subsequently thereto, an interim protection in anticipatory bail application which was ultimately dismissed as withdrawn was passed, is concerned, this court is of the considered view that the same, in no way affects the merits of the orders (2025:JHHC:25711) 4 Cr. M.P. No.4723 of 2022 dated 02.05.2022 and 16.09.2022 passed in said Maheshpur P.S. Case No.14 of 2022; as on neither of the dates, there was any interim protection granted was in operation. Hence in view of the discussions made herein above, this court do not find any justifiable reason to interfere either with the order dated 02.05.2022 or the order dated 16.09.2022 passed by learned Sub- Divisional Judicial Magistrate, Pakur in Maheshpur P.S. Case No.14 of 2022 in exercise of its power under Section 482 of Cr.P.C. 7. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 27th of August, 2025 AFR/ Rohit