( 2025:JHHC:29682 ) Cr.M.P. No.2617 of 2025 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2617 of 2025 Shivlochan Murmu @ Shilachand Murmu, Son of Late Shantulal Murmu, aged about 46 years, Resident of Village –Dalugora, P.O. – Charak Kala, P.S. –Tundi, District –Dhanbad. .... Petitioner Versus The State of Jharkhand …. Opposite Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Sanjay Prasad, Advocate For the State : Mr. Rajesh Kumar, 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 orders dated 16.01.2020 and 21.03.2020 by which process under Section 82 and 83 of the Cr.P.C. respectively have been issued against the petitioner by the learned Judicial Magistrate -1st Class, Dhanbad in connection with Topchanchi P.S. Case No. 124 of 2018 involving the offence punishable under Section 395 of the Indian Penal Code. 3. At the outset, it is submitted by the learned counsel for the petitioner that since the property of the petitioner has not yet been attached, hence the petitioner do not press the prayer to quash the order dated 21.03.2020, passed by the learned Judicial Magistrate -1st ( 2025:JHHC:29682 ) Cr.M.P. No.2617 of 2025 2 Class, Dhanbad in connection with the said Topchanchi P.S. Case No. 124 of 2018 and confines his prayer to quash the order dated 16.01.2020, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with the said Topchanchi P.S. Case No. 124 of 2018. Accordingly, the prayer to quash the order dated 21.03.2020, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with the said Topchanchi P.S. Case No. 124 of 2018 is rejected as not pressed. 4. The brief fact of the case so far as it relates to the order dated 16.01.2020 is that on 16.01.2020, the I.O. of the case prayed for issue of the proclamation under Section 82 of the Cr.P.C. inter alia against the petitioner, who is the accused person of the case and accordingly the proclamation was made inter-alia against the petitioner without fixing any time and place for his appearance. 5. It is submitted by the learned counsel for the petitioner the said order dated 16.01.2020, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with the said Topchanchi P.S. Case No. 124 of 2018 is not sustainable in law as the same has been passed without fixing any time and place for appearance of the petitioner who is one of the accused persons of the case and thereby not adhering to the mandatory requirement of law. Hence, it is submitted that the said order dated 16.01.2020, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with the said Topchanchi P.S. Case No. 124 of 2018 be quashed and set aside. 6. The learned Addl. P.P. on the other hand vehemently opposes the prayer as prayed for by the petitioner and submits that the very fact that the proclamation under Section 82 of the Cr.P.C. has been issued ( 2025:JHHC:29682 ) Cr.M.P. No.2617 of 2025 3 implies that the petitioner who is one of the accused persons of the case was supposed to appear before the Magistrate on or before 30 days after such proclamation during the court hours. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 7. Having heard the rival submissions made at the Bar and after carefully 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 mention the time and place for appearance of the accused person in the order itself by which such proclamation under Section 82 of the Cr.P.C. is issued. 8. Now coming to the facts of the case, as already indicated above, the learned Judicial Magistrate -1st Class, Dhanbad has not mentioned the time and place for appearance of the petitioner who is one of the accused persons of the case and still directed for issue of the proclamation under Section 82 of the Cr.P.C. Therefore, the said order dated 16.01.2020, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with the said Topchanchi P.S. Case No. 124 of 2018 is not sustainable in law. 9. Accordingly, the order dated 16.01.2020, passed by the learned Judicial Magistrate -1st Class, Dhanbad in connection with the said Topchanchi P.S. Case No. 124 of 2018 is quashed and set aside. 10. This criminal miscellaneous petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 11th September, 2025 AFR/Sonu-Gunjan/-