[2025:JHHC:35011] 1 Cr.M.P. No. 3189 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3189 of 2025 Ganesh Munda, aged about 33 years, son of Mahgu Munda, resident of Vill. Rola, P.O+P.S. Gola, Dist.-Ramgarh, Jharkhand ...... Petitioner Versus The State of Jharkhand .....Opposite Party For the Petitioner : Mr. Ritesh Kr. Mahto , Adv. For the State : Mr. Subodh Kr. Dubey , Addl. PP 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 BNSS, 2023 with the prayer for quashing and setting aside the order dated 24.09.2024 passed by learned ACJM, Gumla in connection with Kamdara P.S. Case no. 40 of 2015 corresponding to G.R. case no. 816 of 2015 whereby and whereunder, consequent upon the failure of the petitioner to appear before the trial court for recording the statement under Section 313 of CrPC for more than two years, the learned ACJM, cancelled the bail granted to the petitioner and directed for issuance of warrant of arrest. 3. It is submitted by learned counsel for the petitioner that in this petition the prayer has also been made to quash the order dated 11.09.2025 whereby whereunder, the proclamation under section 82 CrPC has been issued without recording any satisfaction that the petitioner is absconding to evade his arrest, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 4. Learned Addl. PP on the other hand vehemently oppose the prayer of the petitioner and submits that the very fact that learned [2025:JHHC:35011] 2 Cr.M.P. No. 3189 of 2025 ACJM has issued non-bailable warrant of arrest and the proclamation under Section 82 of CrPC goes to show that there were sufficient materials in the record for passing such order hence, it is submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed. 5. Having heard the submissions made at the Bar and after going through materials available in the record, this Court so far as it relates to the order dated 24.09.2024, do not find any illegality in the said order since the petitioner was evading his arrest for more than two years to appear before the trial court for recording his statement under Section 313 of the CrPC and on 24.09.2024 also, the petitioner neither appeared nor any step was taken on his behalf before the ACJM, Gumla, hence, the prayer to quash the order dated order dated 24.09.2024 being without any merit is rejected. 6. So far as the prayer to quash the order dated 11.09.2025 is concerned, it is pertinent to mention here that by now it is a settled principle of law that for a court to issue the written proclamation under section 82 of CrPC, must record its satisfaction that the petitioner is absconding or concealing himself to evade his arrest and in case, the court decides to issue the proclamation, it must mention the time and place for appearance of the accused person in respect of which such proclamation is made. 7. Now coming to the facts of the case learned ACJM in the order dated 11.09.2025 has failed to record its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor he has fixed any time or place for appearance of the petitioner who is an accused person of the case, hence, the order dated 11.09.2025 passed by learned ACJM, Gumla in connection with Kamdara P.S. Case no. 40 of 2015 corresponding to G.R. case no. 816 of 2015 being not sustainable in law, is quashed and set aside. 8. Learned ACJM, Gumla is directed to pass a fresh order in accordance with law. [2025:JHHC:35011] 3 Cr.M.P. No. 3189 of 2025 9. In the result, this Criminal Miscellaneous Petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 11th November, 2025 Smita /AFR Uploaded on 02 /12/ 2025