[2025:JHHC:13045] 1 Cr. M.P. No.840 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.840 of 2025 ------ Suresh Kumar Yadav @ Mantu Yadav aged about 41 years son of Deepnath Yadav, resident of village Armo, Yadav Tola, P.O. and P.S. Nawadih, District Bokaro. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Akshay Yadwendra, Advocate For the State : Mr. Prabir Kumar Chatterjee, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 04.02.2022 passed by the Judicial Magistrate-1st Class, Hazaribagh in connection with Bishnugarh P.S. Case No.125 of 2012 corresponding to G.R. Case No.4128 of 2012 involving the offences punishable under Section 414, 34 of the Indian Penal Code, Section 30 of the Coal Mines (Nationalisation) Act and Section 33 of the Indian Forest Act whereby and where under the learned Judicial Magistrate-1st Class, Hazaribagh has ordered for issuance of proclamation under Section 82 of the Code of Criminal Procedure inter alia against the petitioner who is one of the accused- persons of the case. 3. Learned counsel for the petitioner submits that the proclamation under Section 82 of the Code of Criminal Procedure was issued vide order dated 04.02.2022 without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing himself to evade his [2025:JHHC:13045] 2 Cr. M.P. No.840 of 2025 arrest which is a sine qua non for issuing proclamation under Section 82 of the Code of Criminal Procedure; without fixing the time and place for appearance of the petitioner; who is the accused person of the case. Hence, the order dated 04.02.2022 passed by the Judicial Magistrate-1st Class, Hazaribagh in connection with Bishnugarh P.S. Case No.125 of 2012 corresponding to G.R. Case No.4128 of 2012 is not sustainable in law. Hence, it is submitted that the same be quashed and set aside. 4. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer as prayed for by the petitioner for quashing the order dated 04.02.2022 passed by the Judicial Magistrate-1st Class, Hazaribagh in connection with Bishnugarh P.S. Case No.125 of 2012 corresponding to G.R. Case No.4128 of 2012 and submits the very fact that the learned Judicial Magistrate-1st Class, Hazaribagh has passed order for issue of the proclamation under Section 82 of the Code of Criminal Procedure 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 under Section 82 of the Code of Criminal Procedure. 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 the Code of Criminal Procedure must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue the proclamation under Section 82 of the Code of Criminal Procedure, it must [2025:JHHC:13045] 3 Cr. M.P. No.840 of 2025 mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of the Code of Criminal Procedure is issued. 6. 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 who is the accused person of the case, 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 the Code of Criminal Procedure, 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 04.02.2022 passed by the Judicial Magistrate-1st Class, Hazaribagh in connection with Bishnugarh P.S. Case No.125 of 2012 corresponding to G.R. Case No.4128 of 2012, be quashed and set aside. 7. Accordingly, the order dated 04.02.2022 passed by the Judicial Magistrate-1st Class, Hazaribagh in connection with Bishnugarh P.S. Case No.125 of 2012 corresponding to G.R. Case No.4128 of 2012, is quashed and set aside. 8. The learned Judicial Magistrate-1st Class, Hazaribagh may pass a fresh order in accordance with law. 9. In the result, this Criminal Miscellaneous Petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 28th of April, 2025 AFR/ Saroj