( 2025:JHHC:36183 ) 1 Cr. M.P. No.3474 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3474 of 2025 ------ Rajendra Kumar Mehta @ Raju Mehta, aged about 32 years, S/o Late Chandra Kishor Mehta, R/o-Sijhuwa, PO & PS-Ichak, Distt.- Hazaribagh, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Prem Mardi, Advocate : Mr. Anurag Kashyap, Advocate : Mr. Bipin Mehra, Advocate For the State : Mr. Vishwanath Roy, 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 528 of the B.N.S.S., 2023 with the prayer to quash the order dated 01.11.2025 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Ichak P.S. Case No.109 of 2025 registered for the offences punishable under Section 318(2), 316(2), 338, 336(2), 340(2), 115(2), 126(2), 117(2), 109(1), 61(2)(a) and 3(5) of the B.N.S., 2023 whereby and where under the learned Judicial Magistrate-1st Class, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure against the petitioner. 3. Learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. has been issued vide order dated 01.11.2025 ( 2025:JHHC:36183 ) 2 Cr. M.P. No.3474 of 2025 without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing himself to evade his arrest, which is a sine qua non for issuing proclamation under Section 82 of Cr.P.C., that too without fixing any time and place for appearance of the petitioner, who is the accused person of the said case. Hence, it is submitted that the order dated 01.11.2025 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Ichak P.S. Case No.109 of 2025 registered for the offences punishable under Section 318(2), 316(2), 338, 336(2), 340(2), 115(2), 126(2), 117(2), 109(1), 61(2)(a) and 3(5) of the B.N.S., 2023, be allowed. 4. Learned Spl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 01.11.2025 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Ichak P.S. Case No.109 of 2025 registered for the offences punishable under Section 318(2), 316(2), 338, 336(2), 340(2), 115(2), 126(2), 117(2), 109(1), 61(2)(a) and 3(5) of the B.N.S., 2023, and submits that the very fact that the learned Judicial Magistrate-1st Class, Hazaribagh has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned Judicial Magistrate-1st Class, Hazaribagh to be satisfied that there is justification for issuance of such proclamation. Hence, it is submitted that this Criminal Miscellaneous Petition, 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 ( 2025:JHHC:36183 ) 3 Cr. M.P. No.3474 of 2025 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 Judicial Magistrate-1st Class, Hazaribagh 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 no hesitation in holding that the learned Judicial Magistrate-1st Class, Hazaribagh 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. Therefore, this is a fit case where the order dated 01.11.2025 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Ichak P.S. Case No.109 of 2025 be quashed and set aside qua the petitioner only. 6. Accordingly, the order dated 01.11.2025 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Ichak P.S. Case No.109 of 2025 is quashed and set aside qua the petitioner only. ( 2025:JHHC:36183 ) 4 Cr. M.P. No.3474 of 2025 7. The learned Judicial Magistrate-1st Class, Hazaribagh and its successor Court 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 03rd of December, 2025 AFR/ Abhiraj Uploaded on 12/12/2025