[2025:JHHC:37141] 1 Cr. M.P. No.743 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.743 of 2024 ------ Rajibul Saikh @ Rajibul Sk aged about 42 years, S/O – Najrul Saikh, Of Vill – Paikpara, P.O. & P.S.- Farakka, Dist – Murshidabad (West Bengal) … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Md. Asadul Haque, Advocate Md. Faruque Ansari, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P. (through VC) ------ 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 the prayer to quash the orders dated 26.07.2023 and 14.09.2023 passed by the learned Sub-Divisional Judicial Magistrate, Pakur in connection with Pakur (Malpahari) P.S. Case No. 189 of 2019 whereby and where under the learned Sub-Divisional Judicial Magistrate, Pakur had directed to issue the proclamation under Section 82(1) of the Code of Criminal Procedure as well as the attachment order of property of the petitioner, who is the accused person of the case, under Section 83 of the Code of Criminal Procedure respectively, against the petitioner after recording the satisfaction that the petitioner is absconding and concealing himself to evade his arrest and fixing [2025:JHHC:37141] 2 Cr. M.P. No.743 of 2024 time and place for appearance of the petitioner who is the accused person of the case. 3. Learned counsel for the petitioner submits that the Execution of the warrant of arrest has not been placed before the learned trial court but still the learned trial court issued the written proclamation under Section 82 of the Code of Criminal Procedure. Hence, the same be quashed and set aside. 4. Learned counsel for the petitioner next submits that similarly, the attachment order of property under Section 83 of the Code of Criminal Procedure vide the order dated 14.09.2023 issued in connection with the said case, is also not sustainable in law. Hence, the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 5. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that in the order dated 26.07.2023 itself, it has been mentioned that the Execution Report of the non- bailable warrant of arrest has been produced by the Investigating Officer of the case, before the learned Sub-Divisional Judicial Magistrate, Pakur. Hence, there is no substance in the contention of the petitioner that the proclamation under Section 82 of the Code of Criminal Procedure has been issued, in the absence of the Execution Report of the non-bailable warrant of arrest was issued against the petitioner. It is next submitted that in the order dated 14.09.2023, it has categorically been mentioned that the Investigating Officer has [2025:JHHC:37141] 3 Cr. M.P. No.743 of 2024 submitted the written proclamation issued under Section 82 of the Code of Criminal Procedure and as the petitioner did not appear before the trial court on the date fixed, hence, the attachment order of the property was issued against the petitioner. It is then submitted that therefore, there is no illegality in the said order dated 14.09.2023. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that so far as the order dated 26.07.2023 passed by the learned Sub-Divisional Judicial Magistrate, Pakur in connection with Pakur (Malpahari) P.S. Case No. 189 of 2019 is concerned, the learned Sub- Divisional Judicial Magistrate, Pakur after recording its satisfaction that the petitioner is absconding and concealing himself to evade his arrest, has issued the said written proclamation fixing the time and place for appearance of the petitioner. Therefore, there is no illegality in the said order dated 26.07.2023 passed by the learned Sub-Divisional Judicial Magistrate, Pakur in connection with Pakur (Malpahari) P.S. Case No. 189 of 2019. 7. Similarly, so far as the order dated 14.09.2023 passed by the learned Sub-Divisional Judicial Magistrate, Pakur in connection with Pakur (Malpahari) P.S. Case No. 189 of 2019 is concerned, the learned Sub-Divisional Judicial Magistrate, Pakur has recorded its satisfaction that the written proclamation under Section 82 of the Code of Criminal Procedure has duly been proclaimed and even after the time fixed for [2025:JHHC:37141] 4 Cr. M.P. No.743 of 2024 appearance of the petitioner, as the petitioner did not appear before the learned trial court concerned; being thus satisfied, the learned Sub- Divisional Judicial Magistrate, Pakur has directed to issue the attachment order of the property under Section 83 of the Code of Criminal Procedure. Hence, this Court do not find any illegality in the said order dated 14.09.2023 passed by the learned Sub-Divisional Judicial Magistrate, Pakur in connection with Pakur (Malpahari) P.S. Case No. 189 of 2019 either. 8. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 03rd of December, 2025 AFR/ Saroj Uploaded on 11/12/2025