(2025:JHHC:12608) 1 Cr. M.P. No.537 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.537 of 2025 ------ 1. Munna Main @ Maniruddin Ansari, aged about 45 years, Son of Jalaluddin Ansari, resident of village Ghosabad, P.O. and P.S. Karmatanr, District –Jamtara, Jharkhand. 2. Gulam Sarbar @ Sarbar Main @ Sarwar Main, aged about 33 years, son of Khatir Miya, resident of village Ghosabad, P.O. and P.S. Karmatanr, District –Jamtara, Jharkhand. 3. Md. Istiyak Ansari @ Istiyak Main, aged about 32 years, son of Lal Mohammad, resident of village Ghosabad, P.O. and P.S. Karmatanr, District –Jamtara, Jharkhand. … Petitioners Versus State of Jharkhand … Opposite Party ------ For the Petitioners : Mr. Kaushik Sarkhel, Advocate For the State : Mr. Shailendra Kr. Tiwari, 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 Bhartiya Nagrik Suraksha Sanhita, 2023 with two fold prayers but the learned counsel for the petitioners do not press the first prayer for quashing the order dated 02.12.2024, passed by the learned Special Judge, Cyber Crime, Jamtara in connection with Jamtara Cyber Crime P.S. Case No. 03 of 2021 and confines his prayer to quash the order dated 06.01.2025, passed in connection with Jamtara Cyber Crime P.S. Case No. 03 of 2021 whereby (2025:JHHC:12608) 2 Cr. M.P. No.537 of 2025 and where under the learned Special Judge, Cyber Crime Cases, Jamtara has ordered for issue of proclamation, fifteen days after execution. 3. The brief fact of the case is that on 06.01.2025, the I.O. of the case filed a petition with a prayer for issue of the proclamation as the non- bailable warrant of arrest issued against the petitioners cannot be executed, as they were not found during the raid conducted on 11.12.2024 and 23.12.2024. The learned Special Judge appears to have put his initial on an order sheet drawn by the Bench Clerk without application of his mind. 4. It is submitted by the learned counsel for the petitioners that the proclamation under Section 84 of the B.N.S.S., 2023 corresponding to Section 82 of the Cr.P.C. has been directed to be issued vide order dated 06.01.2025 in Jamtara Cyber Crime P.S. Case No. 03 of 2021 without following the due process of law and without recording the satisfaction that the petitioners are absconding or concealing themselves to evade their arrest which is a sine qua non for issuing proclamation under Section 84 of B.N.S.S., 2023 and without fixing any time and place for appearance of the petitioners. Hence, it is submitted that the said order be quashed and set aside being not in accordance with law. 5. The Learned Spl. P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 06.01.2025, passed by the learned Special Judge, Cyber Crime Cases, Jamtara in connection with Jamtara Cyber Crime P.S. Case No. 03 of 2021 and submits that the very fact that the learned Special Judge has issued the proclamation under (2025:JHHC:12608) 3 Cr. M.P. No.537 of 2025 Section 84 of B.N.S.S., 2023 itself shows that there were materials available in the record for the learned Special Judge 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. 6. 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 84 of the B.N.S.S corresponding to Section 82 of Cr.P.C. must record its satisfaction that the accused in respect of whom the proclamation is issued, is absconding or concealing himself to evade his arrest and in case the court decides to issue such proclamation, it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 84 B.N.S.S. corresponding to Section 82 of Cr.P.C. is issued. As already indicated above since the learned Special Judge, Cyber Crime Cases, Jamtara has neither recorded its satisfaction that the petitioners are absconding or concealing themselves to evade their arrest nor fixed any time or place for appearance of the petitioners. It appears from the verbatim used in the order dated 06.01.2025 which is written in Hindi that such verbatim does not commensurate with the provision of law as therein it has been mentioned that “the non-bailable warrant of arrest was executed upon the relatives” and a direction has been given to the office clerk to issue proclamation 15 days after the (2025:JHHC:12608) 4 Cr. M.P. No.537 of 2025 execution. Hence, this Court is of the considered view that the order dated 06.01.2025, passed by the learned Special Judge, Cyber Crime Cases, Jamtara in connection with Jamtara Cyber Crime P.S. Case No. 03 of 2021 is not in accordance with law having been passed without recording any satisfaction that the petitioners are absconding or concealing themselves to evade their arrest and without fixing any time and place for their appearance. It is crystal clear from the order itself that there is total non-application of mind on the part of the learned Special Judge, Cyber Crime Cases, Jamtara, who is an officer in the cadre of superior judicial service in this state; in passing the said order. It is surprising that such a senior judicial officer does not know that a warrant of arrest can only be executed by the arrest of the person concerned, against whom the warrant of arrest has been issued. Thus, there is no way by which an warrant of arrest can be executed upon the relatives of the person, against whom, such warrant of arrest has been issued. Further it remains incongruous as to what the portion of the order “a direction has been given to the office clerk to issue proclamation 15 days after the execution” actually means. 7. Accordingly, the order dated 06.01.2025, passed by the learned Special Judge, Cyber Crime Cases, Jamtara in connection with Jamtara Cyber Crime P.S. Case No. 03 of 2021 whereby and where under the learned Special Judge, Cyber Crime Cases, Jamtara has ordered for issue of proclamation, fifteen days after execution is quashed and set aside. (2025:JHHC:12608) 5 Cr. M.P. No.537 of 2025 8. The learned Special Judge, Cyber Crime Cases, Jamtara may pass a fresh order in accordance with law. 9. But before parting, it is pertinent to mention here that such unconscionable act on the part of a Senior Judicial Officer in the Superior Judicial Service is not expected by putting initial without application of mind and without going through the order sheet placed before him by a Bench Clerk, before signing the same. Hence, the learned Principal District Judge, Jamtara is directed to ascertain as to the name of the learned Special Judge, Cyber Crime Cases, Jamtara who has passed such order and upon such ascertaining, the Principal District Judge, Jamtara is directed to recommend the officer concerned to the Director, Judicial Academy to be imparted online training, to the learned Special Judge, Cyber Crime Cases, Jamtara, concerned as to how to write order sheets when application for issuance of proclamation is made by any police officer, in any case, by online classes on Sundays and other holidays till the Director, Judicial Academy is satisfied that the Special Judge concerned has become competent enough to pass such orders, under intimation to this Court. 10. The Registrar General of this Court is directed to send a copy of this Order along with the order dated 06.01.2025, passed in connection with Jamtara Cyber Crime P.S. Case No. 03 of 2021 by the learned Special Judge, Cyber Crime Cases, Jamtara; to the learned Principal District Judge, Jamtara and to the Director, Judicial Academy, Ranchi, for compliance and report. (2025:JHHC:12608) 6 Cr. M.P. No.537 of 2025 11. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 22nd of April, 2025 AFR/ Sonu-Gunjan/-