( 2025:JHHC:33539 ) Cr.M.P. No.3120 of 2025 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3120 of 2025 Rohit Singh @ Sonu @ Rohit Kumar Singh, aged about 40 years, S/o Om Prakash Singh, R/o Babulal Pandukan Gali, Jorapokhar Road, P.O. & P.S. –Dhansar, District –Dhanbad. .... Petitioner Versus 1. The State of Jharkhand 2. Chandeshwar Singh, S/o Late Mahabir Singh, R/o –Near Football Gorund, Baramasia, P.O. & P.S. –Dhansar, District –Dhanbad. …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Shailesh Kr. Singh, Advocate : Mr. Abhijeet Kr. Singh, Advocate For the State : Mrs. Kumari Rashmi, Addl. P.P. ….. By the Court:- 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the order dated 15.07.2015, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with C.P. Case No. 1670 of 2013, whereby and where under the learned Judicial Magistrate -1st Class, Dhanbad has issued the proclamation under Section 82 Cr.P.C. Prayer has also been made to quash the order dated 13.12.2018, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with ( 2025:JHHC:33539 ) Cr.M.P. No.3120 of 2025 2 C.P. Case No. 1670 of 2013 whereby and where under the learned Judicial Magistrate -1st Class, Dhanbad has issued the attachment order of the property of the petitioner. 3. At the outset, it is submitted by the learned counsel for the petitioner that the petitioner does not press the prayer to quash the order dated 13.12.2018, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with C.P. Case No. 1670 of 2013 whereby and where under the learned Judicial Magistrate -1st Class, Dhanbad has issued the attachment order of the property of the petitioner; because as of yet no property of the petitioner has been attached and confines his prayer only to quash the order dated 15.07.2015, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with C.P. Case No. 1670 of 2013, whereby and where under the learned Judicial Magistrate -1st Class, Dhanbad has issued the proclamation under Section 82 Cr.P.C. 4. Accordingly, the prayer to quash the order dated 13.12.2018, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with C.P. Case No. 1670 of 2013 whereby and where under the learned Judicial Magistrate -1st Class, Dhanbad has issued the attachment order of the property of the petitioner is rejected as not pressed. 5. So far as the order dated 15.07.2015, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with C.P. Case No. 1670 of 2013 is concerned, it is submitted by the learned ( 2025:JHHC:33539 ) Cr.M.P. No.3120 of 2025 3 counsel for the petitioner that the learned Judicial Magistrate -1st Class, Dhanbad has passed the said order dated 15.07.2015 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. and that too without fixing any time and place for his appearance. Hence, it is submitted that the said order dated 15.07.2015, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with C.P. Case No. 1670 of 2013 be quashed and set aside. 6. The learned Additional Public Prosecutor on the other hand vehemently opposes the prayer and submits that the very fact that the learned Judicial Magistrate -1st Class, Dhanbad has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were sufficient materials available in the record for the learned Judicial Magistrate -1st Class, Dhanbad to be satisfied that there is justification for issuance of such proclamation under Section 82 of the Cr.P.C. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 7. Having heard the submissions made at the Bar and after going through the materials 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 ( 2025:JHHC:33539 ) Cr.M.P. No.3120 of 2025 4 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 person concerned 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, Dhanbad has neither recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time or place for his appearance, hence this Court has no hesitation in holding that the learned Judicial Magistrate -1st Class, Dhanbad has committed a grave 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. Therefore, this is a fit case where the order dated 15.07.2015, passed by the learned Judicial Magistrate - 1st Class, Dhanbad in connection with C.P. Case No. 1670 of 2013 whereby and where under proclamation under Section 82 of Cr.P.C. has been issued against the petitioner be quashed and set aside against the petitioner. 8. Accordingly, the order dated 15.07.2015, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with C.P. Case No. 1670 of 2013 whereby and where under proclamation under Section 82 of Cr.P.C. has been issued against the petitioner, is quashed and set aside against the petitioner. ( 2025:JHHC:33539 ) Cr.M.P. No.3120 of 2025 5 9. The learned Judicial Magistrate -1st Class, Dhanbad may pass a fresh order in accordance with law. 10. This criminal miscellaneous petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 6th November, 2025 AFR/Sonu-Gunjan/- Uploaded on 13/11/2025