( 2025:JHHC:32598 ) 1 Cr. M.P. No.3052 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3052 of 2025 ------ 1. Sanjay Yadav aged about 38 years, son of Dwarika Yadav @ Dwarika Mahto @ Dwrika Yadav, resident of Ward No.7, Dasharo Khurd, P.O.-Dasharo, P.S.-Markacho, District-Koderma. 2. Dwarika Yadav @ Dwarika Mahto @ Dwrika Yadav, aged about 69 years, son of Late Bandhu Yadav, resident of Ward No.7, Dasharo Khurd, P.O.-Dasharo, P.S.-Markacho, District-Koderma. 3. Birendra Yadav aged about 34 years, son of Dwarika Yadav @ Dwarika Mahato @ Dwrika Yadav, resident of Ward No.7, Dasharo Khurd, P.O.-Dasharo, P.S.-Markacho, District-Koderma. … Petitioners Versus The State of Jharkhand … Opposite Party ------ For the Petitioners : Mr. Sanjeev Thakur, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl. P.P. For the Informant : Mr. Rahul Sinha, Advocate ------ 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 twin prayers to quash the orders dated 30.06.2025 and 26.07.2025 passed by the learned Judicial Magistrate-1st Class, Koderma in Markacho P.S. Case No.36 of 2025 registered for the offences punishable under Sections 126(2), 118(1), 118(2), 109, 303(2), 3(5) of the B.N.S., 2023 whereby and where under the learned Judicial Magistrate-1st Class, Koderma has ( 2025:JHHC:32598 ) 2 Cr. M.P. No.3052 of 2025 issued non-bailable warrant of arrest and processes under Sections 82 of Cr.P.C. against the petitioners, respectively and directing inter alia the petitioners who are the accused persons of the case to remain physically present on or before 05.08.2025 during court hours. 3. At the outset, learned counsel for the petitioners submits that the petitioners do not press the prayer to quash the order dated 30.06.2025 and confines his prayer only to quash the order dated 26.07.2025 passed by the learned Judicial Magistrate-1st Class, Koderma in Markacho P.S. Case No.36 of 2025 registered for the offences punishable under Sections 126(2), 118(1), 118(2), 109, 303(2), 3(5) of the B.N.S., 2023. 4. Accordingly, the prayer to quash the order dated 30.06.2025 passed by the learned Judicial Magistrate-1st Class, Koderma in Markacho P.S. Case No.36 of 2025 registered for the offences punishable under Sections 126(2), 118(1), 118(2), 109, 303(2), 3(5) of the B.N.S., 2023 is rejected as not pressed. 5. So far as the order dated 26.07.2025 is concerned, the learned counsel for the petitioner submits that Section 82 of the Code of Criminal Procedure envisages that when the Court passing an order for issuance of the proclamation under Section 82 of Cr.P.C., a time is to specified for the appearance of the petitioners at a specified place not less than 30 days from the date of publishing such proclamation. Now, since, the order dated 26.07.2025 by which the proclamation under Section 82 of Cr.P.C. was issued and the petitioners were directed to appear on or before 05.08.2025, so the time period is less than 30 days from the date of ( 2025:JHHC:32598 ) 3 Cr. M.P. No.3052 of 2025 publication of such proclamation, hence, the order dated 26.07.2025 passed by the learned Judicial Magistrate-1st Class, Koderma in Markacho P.S. Case No.36 of 2025 registered for the offences punishable under Sections 126(2), 118(1), 118(2), 109, 303(2), 3(5) of the B.N.S., 2023 is not in accordance with law, therefore, the same be quashed and set aside. 6. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 26.07.2025 passed by the learned Judicial Magistrate-1st Class, Koderma in Markacho P.S. Case No.36 of 2025 registered for the offences punishable under Sections 126(2), 118(1), 118(2), 109, 303(2), 3(5) of the B.N.S., 2023 and submits that the very fact that the learned Judicial Magistrate-1st Class, Koderma has issued the non-bailable warrant of arrest and proclamation under Section 82 of Cr.P.C. itself shows that there were sufficient materials available in the record for the learned Judicial Magistrate-1st Class, Koderma to be satisfied that there is justification for issuance of such proclamation and proceeding. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed. 7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is needless to mention that Section 82 of Cr.P.C, has in no uncertain manner envisages that a Court issuing proclamation under Section 82 of Cr.P.C. must require a person in respect of whom the written proclamation is published to appear at specified place and time not less than 30 days from the date of publishing such proclamation. Now in the order dated ( 2025:JHHC:32598 ) 4 Cr. M.P. No.3052 of 2025 26.07.2025, the date for appearance has been mentioned as 05.08.2025 which is less than 30 days, so, this Court has no hesitation in holding that the order dated 26.07.2025 passed by the learned Judicial Magistrate-1st Class, Koderma in Markacho P.S. Case No.36 of 2025 registered for the offences punishable under Sections 126(2), 118(1), 118(2), 109, 303(2), 3(5) of the B.N.S., 2023 is not in accordance with law, therefore, the same is fit to be quashed and set aside. 8. Accordingly, the order dated 26.07.2025 passed by the learned Judicial Magistrate-1st Class, Koderma in Markacho P.S. Case No.36 of 2025 registered for the offences punishable under Sections 126(2), 118(1), 118(2), 109, 303(2), 3(5) of the B.N.S., 2023, is quashed and set aside. 9. The learned Judicial Magistrate-1st Class, Koderma may pass a fresh order in accordance with law. 10. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 30th of October, 2025 AFR/ Abhiraj Uploaded on 03/11/2025