[2025:JHHC:32112] 1 Cr. M.P. No.2963 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2963 of 2025 ------ Rewat Lal Gupta @ Rewlal Saw, Age- 57 years S/o- Meghlal Saw @ Meghlal Nayak R/o- Vill- Dharguli, P.O.+P.S.- Bagodar, Dist- Giridih, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Rahul Pandey, 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 B.N.S.S., 2023 with three prayers; but at the outset, the learned counsel for the petitioner submits that the petitioner does not press the prayer to quash the order dated 21.09.2015 passed in connection with Forest Case No.102 of 2010 by the learned Judicial Magistrate-1st Class, Giridih and confines his prayer only to quash the orders dated 24.03.2012 and 03.01.2014 passed in connection with the said case. 3. Accordingly, the prayer to quash the order dated 21.09.2015 passed in connection with Forest Case No.102 of 2010, by the learned Judicial Magistrate-1st Class, Giridih is rejected as not pressed. 4. Learned counsel for the petitioner next submits that vide order dated 24.03.2012 passed by the learned Sub-Divisional Judicial Magistrate, Giridih, non-bailable warrant of arrest was issued against the petitioner. It is then [2025:JHHC:32112] 2 Cr. M.P. No.2963 of 2025 submitted that the said order has been passed without recording any satisfaction that the petitioner is absconding or concealing himself to evade his arrest. Hence, the said order is not sustainable in law. It is lastly submitted that the order dated 24.03.2012 be quashed and set aside. 5. So far as the order dated 03.01.2014 passed in the said case by the learned Judicial Magistrate-1st Class, Giridh is concerned, the proclamation under section 82 of the Code of Criminal Procedure has been issued against the petitioner, 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 the Code of Criminal Procedure; that too, without mentioning the time and place for appearance of the petitioner. Hence, the order dated 03.01.2014 is also not sustainable in law. It is lastly submitted that the same be quashed and set aside. 6. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that the very fact that the learned Judicial Magistrate, Giridih has passed the order for issue of non-bailable warrant of arrest and the proclamation under Section 82 of the Code of Criminal Procedure respectively, itself goes to show that there were materials available in the record for the learned Judicial Magistrate to be satisfied that there is justification for issuance of both the non-bailable warrant of arrest and the 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. [2025:JHHC:32112] 3 Cr. M.P. No.2963 of 2025 7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record; so far as the order dated 24.03.2012 is concerned, Section 73 of the Code of Criminal Procedure inter alia vests power upon the Magistrate to direct a warrant to any person, within his local jurisdiction for arrest inter alia of any person who is accused of a non-bailable offence and is evading his arrest. 8. Now coming to the facts of the case, the petitioner is an accused of Forest Case No.102 of 2010 involving the offences punishable under Sections 41 and 42 of Indian Forest Act, 1927 and Sections 6, 8, 14 and 13(e) of the Bihar Saw Mill (Regulation) Act, 1990. It is pertinent to mention here that Section 42 of the Indian Forest Act, 1927 as amended by the Bihar Act – 9 of 1990, is a non-bailable offence but there is no material available in the record to suggest that the petitioner was evading his arrest. 9. Under such circumstances, this Court has no hesitation in holding that the learned Sub-Divisional Judicial Magistrate, Giridih has committed a grave illegality by directing for issuance of non-bailable warrant of arrest against the petitioner in the absence of any material in the record to suggest that the petitioner was evading his arrest. Hence, this is a fit case where the order dated 24.03.2012 passed by the learned Sub-Divisional Judicial Magistrate in connection with Forest Case No.102 of 2010 be quashed and set aside. 10. Accordingly, the order dated 24.03.2012 passed by the learned Sub- Divisional Judicial Magistrate, Giridih in connection with Forest Case No.102 of 2010 is quashed and set aside. [2025:JHHC:32112] 4 Cr. M.P. No.2963 of 2025 11. So far as the order dated 03.01.2014 passed by the learned Judicial Magistrate-1st Class, Giridih in connection with Forest Case No.102 of 2010 is concerned, 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 specifically mention the time and place for appearance of the accused person of the case in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure is issued, in the order itself by which the said proclamation is issued. 12. Now coming to the facts of the case, there is absolutely no material available in the record to suggest that the petitioner is absconding or concealing himself to evade his arrest nor the learned Magistrate has recorded any satisfaction in this respect. Further, as already indicated above the learned Judicial Magistrate-1st Class, Giridih, vide order dated 03.01.2014 passed in connection with Forest Case No.102 of 2010, has not fixed any time or place for appearance of the petitioner- who is the accused person of the case. Hence, this Court has no hesitation in holding that the learned Judicial Magistrate-1st Class, Giridih 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 [2025:JHHC:32112] 5 Cr. M.P. No.2963 of 2025 order dated 03.01.2014 passed by the learned Judicial Magistrate-1st Class, Giridih in connection with Forest Case No.102 of 2010, be quashed and set aside. 13. Accordingly, the order dated 03.01.2014 passed by the learned Judicial Magistrate-1st Class, Giridih in connection with Forest Case No.102 of 2010, is quashed and set aside qua the petitioner. 14. The learned Judicial Magistrate concerned, Giridih may pass a fresh order in accordance with law. 15. In the result, this Criminal Miscellaneous Petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 16th of October, 2025 AFR/ Saroj Uploaded on 29/10/2025