( 2025:JHHC:38412 ) 1 Cr. M.P. No.3695 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3695 of 2025 ------ 1. Smruti Ranjan Biswal @ Smrity Ranjan Biswal, aged about 56 years, S/o Dr. Trilokya Bhushan Biswal, 2. Sweta Biswal wife of Smriti Ranjan Biswal, aged about 54 years, both are R/o Village-Plot No.1266/10, Sector-01, CDA, P.O. + P.S.-CDA Phase 02, District-Cuttack, Orissa. … Petitioners Versus The State of Jharkhand … Opposite Party ------ For the Petitioners : Mr. Madhav Prasad, Advocate : Mr. Manoj Kr. Choubey, Advocate : Mr. Niraj Kumar, Advocate For the State : Mr. P.K. 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 the B.N.S.S., 2023 with the twin prayers to quash the orders dated 19.11.2018 and 15.05.2019 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Sitaramdera P.S. Case No.143 of 2017 corresponding to G.R. Case No.2218 of 2017 registered for the offences punishable under Sections 406/420/34 of the Indian Penal Code whereby and where the learned Judicial Magistrate-1st Class, Jamshedpur has issued written proclamation under Section 82 Cr.P.C. and attachment order of the property under ( 2025:JHHC:38412 ) 2 Cr. M.P. No.3695 of 2025 Section 83 of the Code of Criminal Procedure against the petitioners respectively. 3. At the outset, learned counsel for the petitioners submits that the petitioners do not press the prayer to quash the order dated 15.05.2019 as no property of the petitioners has been attached as yet, in execution of the warrant of attachment of the property of the petitioners issued by the court concerned and confines his prayer only to quash the order dated 19.11.2018 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Sitaramdera P.S. Case No.143 of 2017 corresponding to G.R. Case No.2218 of 2017 registered for the offences punishable under Sections 406/420/34 of the Indian Penal Code. 4. Accordingly, the prayer to quash the order dated 15.05.2019 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Sitaramdera P.S. Case No.143 of 2017 corresponding to G.R. Case No.2218 of 2017 registered for the offences punishable under Sections 406/420/34 of the Indian Penal Code is rejected as not pressed. 5. So far as the order dated 19.11.2018 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Sitaramdera P.S. Case No.143 of 2017 corresponding to G.R. Case No.2218 of 2017 is concerned, the learned counsel for the petitioners submit that the same is not sustainable in law having been passed without following the settled principle of law by not 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 82 of Cr.P.C., that too ( 2025:JHHC:38412 ) 3 Cr. M.P. No.3695 of 2025 without fixing any time and place for appearance of the petitioners, who are the accused persons of the said case. Hence, it is submitted that the order dated 19.11.2018 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Sitaramdera P.S. Case No.143 of 2017 corresponding to G.R. Case No.2218 of 2017 registered for the offences punishable under Sections 406/420/34 of the Indian Penal Code, be allowed. 6. Learned Spl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 19.11.2018 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Sitaramdera P.S. Case No.143 of 2017 corresponding to G.R. Case No.2218 of 2017 registered for the offences punishable under Sections 406/420/34 of the Indian Penal Code whereby and where under the learned Judicial Magistrate-1st Class, Jamshedpur has issued proclamation under Section 82 of Cr.P.C. and submits that the very fact that the learned Judicial Magistrate-1st Class, Jamshedpur has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned Judicial Magistrate-1st Class, Jamshedpur 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. 7. 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 ( 2025:JHHC:38412 ) 4 Cr. M.P. No.3695 of 2025 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 themselves to evade their 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 petitioners in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Judicial Magistrate-1st Class, Jamshedpur 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, this Court has no hesitation in holding that the learned Judicial Magistrate-1st Class, Jamshedpur has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. 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 and this is a fit case where the order dated 19.11.2018 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Sitaramdera P.S. Case No.143 of 2017 corresponding to G.R. Case No.2218 of 2017 registered for the offences punishable under Sections 406/420/34 of the Indian Penal Code, be quashed and set aside qua the petitioners only. 8. Accordingly, the order dated 19.11.2018 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Sitaramdera P.S. Case No.143 of 2017 corresponding to G.R. Case No.2218 of 2017 ( 2025:JHHC:38412 ) 5 Cr. M.P. No.3695 of 2025 registered for the offences punishable under Sections 406/420/34 of the Indian Penal Code, is quashed and set aside qua the petitioners only. 9. The learned Judicial Magistrate-1st Class, Jamshedpur or its successor Court 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 20th of December, 2025 AFR/ Abhiraj Uploaded on 03/01/2026