( 2025:JHHC:13782 ) 1 Cr. M.P. No.853 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.853 of 2025 ------ Ajay Chauhan, age about 41 years, Son of Kumha Chauhan, resident of Village-Karua Khurd, P.O.-Tildag, P.S.-Garhwa, District-Garhwa, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Santosh Kr. Tiwari, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl.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 a prayer to quash the entire criminal proceeding including the orders dated 13.08.2024 and 27.01.2025 in connection with Garhwa SC/ST P.S. Case No.08 of 2021 pending in the Court of learned Additional Sessions Judge, 1st Garhwa, but at the outset, it is submitted by the learned counsel for the petitioner that the petitioner does not press the prayer to quash the entire criminal proceeding and the order dated 13.08.2024 and confines his prayer to quash the order dated 27.01.2025 only in the said case, accordingly, the prayer to quash the entire criminal proceeding and the order dated 13.08.2024 of the Garhwa SC/ST P.S. Case No.08 of 2021 is rejected as not pressed. 3. So far as the order dated 27.01.2025 is concerned, it is submitted by the learned counsel for the petitioner that by the said order, the learned Additional Sessions Judge-1st, Garhwa has inter alia ordered for issuance of proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the B.N.S.S., ( 2025:JHHC:13782 ) 2 Cr. M.P. No.853 of 2025 2023; without recording its 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 appearance of the petitioner, who is the accused person of the said case. Hence, it is submitted that the said order dated 27.01.2025 passed by the learned Additional Sessions Judge-1st, Garhwa in connection with Garhwa SC/ST P.S. Case No.08 of 2021, whereby and where under the learned Additional Sessions Judge-1st, Garhwa has issued proclamation under Section 82 of the Code of Criminal Procedure, be allowed. 4. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 27.01.2025 passed by the learned Additional Sessions Judge-1st, Garhwa in connection with Garhwa SC/ST P.S. Case No.08 of 2021 registered for the offences punishable under Section 341, 323, 307, 376-D, 392, 504, 506/34 of the Indian Penal Code and Section 3(2)(v) of SC/ST Act and submits that the very fact that the learned Additional Sessions Judge-1st, Garhwa 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 Additional Sessions Judge-1st, Garhwa 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 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., which corresponds to Section 84 of the B.N.S.S., 2023 must record its satisfaction that the accused in respect of ( 2025:JHHC:13782 ) 3 Cr. M.P. No.853 of 2025 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 Additional Sessions Judge-1st, Garhwa 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 Additional Sessions Judge-1st, Garhwa 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 27.01.2025 passed by the learned Additional Sessions Judge-1st, Garhwa in connection with Garhwa SC/ST P.S. Case No.08 of 2021, be quashed and set aside against the petitioner. 6. Accordingly, the order dated 27.01.2025 passed by the learned Additional Sessions Judge-1st, Garhwa in connection with Garhwa SC/ST P.S. Case No.08 of 2021, is quashed and set aside against the petitioner. 7. The learned Additional Sessions Judge-1st, Garhwa 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 24th of April, 2024 AFR/ Abhiraj