( 2025:JHHC:32845 ) 1 Cr. M.P. No.2818 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2818 of 2024 ------ Ajay Kumar Singh, aged about 40 years, son of Sri B.N. Singh, resident of Flat No.38, Supervisor Bara Flat, Jamshedpur, P.O.- Agrico, P.S.-Sidhgora, Dist.-East Singhbhum. … Petitioner Versus 1. The State of Jharkhand 2. Sanjeev Prasad Gupta, son of Sri Tripurari Prasad, resident of H.No.311, Road No.11, Bhalubasa, P.O.-Agrico, P.S.-Sitaramdera, Dist.-East Singhbhum. … Opposite Parties ------ For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Shiv Shankar Kumar, Addl. P.P. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. Though, notice has validly been served upon the opposite party no.2, yet no one turns up on behalf of the opposite party no.2 in spite of repeated calls. 3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with several prayers to quash the entire criminal proceeding, including the orders dated 12.01.2015, 08.05.2017 and 01.09.2017 passed by the learned J.M.-1st Class, Jamshedpur in Complaint Case No.1582 of 2012 pending in the court of learned J.M.-1st Class, Jamshedpur whereby and where under the learned J.M.-1st Class, Jamshedpur has issued non-bailable warrant of ( 2025:JHHC:32845 ) 2 Cr. M.P. No.2818 of 2024 arrest and processes under Sections 82 and 83 of Cr.P.C. against the petitioner, respectively and the order dated 21.11.2017 passed by learned J.M.-1st Class, Jamshedpur whereby and whereunder the petitioner has been declared absconder. 4. At the outset, learned counsel for the petitioner submits that the petitioner does not press the prayer to quash the entire criminal proceeding including the order dated 01.09.2017 passed by the learned J.M.-1st Class, Jamshedpur in Complaint Case No.1582 of 2012 and confines his prayer to quash the orders dated 12.01.2015 and 08.05.2017 passed by the learned J.M.-1st Class, Jamshedpur in Complaint Case No.1582 of 2012 by which the learned J.M.-1st Class, Jamshedpur has directed to issuance of non-bailable warrant of arrest and written proclamation under Section 82 of Cr.P.C., respectively. 5. Accordingly, the prayer to quash the entire criminal proceeding including the order dated 01.09.2017 passed by the learned J.M.-1st Class, Jamshedpur in Complaint Case No.1582 of 2012 is rejected as not pressed. 6. Learned counsel for the petitioner submits that though under Section 73 of the Code of Criminal Procedure inter alia a Magistrate of first class may direct a warrant to any person within his local jurisdiction for the arrest of inter alia a person being accused of a non-bailable offence and is evading his arrest, but even though the petitioner was involved in a bailable offence punishable under Section 138 NI Act only without recording any satisfaction that the petitioner is evading his arrest and without waiting for the execution report of the bailable warrant of arrest issued against the petitioner vide order dated 07.04.2014, the learned ( 2025:JHHC:32845 ) 3 Cr. M.P. No.2818 of 2024 J.M.-1st Class has committed a grave illegality by straightway issuing a non-bailable warrant of arrest against the petitioner. It is next submitted that thereby the learned J.M.-1st Class, Jamshedpur committed grave illegality by passing the order dated 12.01.2015. 7. So far as the order dated 08.05.2017 is concerned, the learned counsel for the petitioner submits that by the said order, the learned J.M.- 1st Class, Jamshedpur has committed an illegality by issuing the written proclamation under Section 82 of Cr.P.C. in the said case 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 Cr.P.C., that too without fixing any time and place for appearance of the petitioner, hence, it is submitted that both the orders dated 12.01.2015 and 08.05.2017 passed by the learned J.M.-1st Class, Jamshedpur in Complaint Case No.1582 of 2012 being not in accordance with law; the same be quashed and set aside. 8. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the orders dated 12.01.2015 and 08.05.2017 passed by the learned J.M.-1st Class, Jamshedpur in Complaint Case No.1582 of 2012 and submits that the very fact that the learned J.M.-1st Class, Jamshedpur 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 J.M.-1st Class, Jamshedpur to be satisfied that there is justification for issuance of such proclamation and ( 2025:JHHC:32845 ) 4 Cr. M.P. No.2818 of 2024 proceeding. M.P. No.2818 of 2024 proceeding. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed. 9. 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 since the learned J.M.-1st Class, Jamshedpur has directed for issuance of non-bailable warrant of arrest against the petitioner; it ought to have waited for the execution report of the said bailable warrant of arrest and before that it ought not have issued the non-bailable warrant of arrest, that too without recording any satisfaction that the petitioner is evading his arrest. Therefore, the order dated 12.01.2015 passed by the learned J.M.-1st Class, Jamshedpur in Complaint Case No.1582 of 2012 being not sustainable in law; is quashed and set aside. 10. So far as the order dated 08.05.2017 is concerned, 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 Cr.P.C. must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under Section 82 of Cr.P.C. it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned J.M.-1st Class, Jamshedpur 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, this Court ( 2025:JHHC:32845 ) 5 Cr. M.P. No.2818 of 2024 has no hesitation in holding that the learned J.M.-1st Class, Jamshedpur has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying 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 and this is a fit case where the order dated 08.05.2017 passed by the learned J.M.-1st Class, Jamshedpur in Complaint Case No.1582 of 2012 whereby and where the learned J.M.-1st Class, Jamshedpur has issued proclamation under Section 82 of the Code of Criminal Procedure, be quashed and set aside. 11. Accordingly, the orders dated 12.01.2015 and 08.05.2017 passed by the learned J.M.-1st Class, Jamshedpur in Complaint Case No.1582 of 2012 by which the learned J.M.-1st Class, Jamshedpur has directed for issuance of non-bailable warrant of arrest and written proclamation under Section 82 of Cr.P.C., respectively, is quashed and set aside. 12. The learned J.M.-1st Class, Jamshedpur may pass a fresh order in accordance with law. 13. 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 06/11/2025