( 2025:JHHC:37534 ) Cr.M.P. No.3582 of 2025 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3582 of 2025 1. Smruti Ranjan Biswal @ Smrity Ranjan Biswal, Aged about 55 years, S/o –Trilokya Bhushan Biswal, 2. Sweta Biswal, Wife of Smriti Ranjan Biswal, Aged about 54 years, both Resident of Flat No. 3A/T266/10, CDA Phase –II, P.O. C.D.A, Phase –II, P.S. –C.D.A. Phase –II, District –Cuttack, Odisha. .... Petitioners Versus The State of Jharkhand …. Opp. Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners : Mr. Manoj Kr. Choubey, Advocate : Mr. Avnish Kr. Pathak, Advocate : Mr. Madhav Prasad, Advocate : Mr. Sumit Kumar, Advocate For the State : Mr. Bhola Nath Ojha, Spl. P.P. ….. By the Court:- 1. 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 twin prayers, that is to say to quash the order dated 19.11.2018 as well as the order dated 15.05.2019, passed by the learned Judicial Magistrate -1st Class, Jamshedpur in G.R. Case No. 2159 of 2017 arising out of Sitaramdera P.S. Case No. 135 of 2017. 3. At the outset, it is submitted by the learned counsel for the petitioners that the petitioners do not press the prayer to quash the said order dated 15.05.2019 passed by the learned Judicial Magistrate ( 2025:JHHC:37534 ) Cr.M.P. No.3582 of 2025 2 -1st Class, Jamshedpur in G.R. Case No. 2159 of 2017 arising out of Sitaramdera P.S. Case No. 135 of 2017 as no property of the petitioner has been attached as yet in execution of the warrant of attachment issued vide the said order. 4. Accordingly, the prayer to quash the order dated 15.05.2019 passed by the learned Judicial Magistrate -1st Class, Jamshedpur in G.R. Case No. 2159 of 2017 arising out of Sitaramdera P.S. Case No. 135 of 2017 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 G.R. Case No. 2159 of 2017 arising out of Sitaramdera P.S. Case No. 135 of 2017 is concerned, it is submitted by the learned counsel for the petitioners that the learned Judicial Magistrate -1st Class, Jamshedpur has directed for issue of the written proclamation under Section 82 of the Cr.P.C. without recording its satisfaction that the petitioners are absconding or concealing themselves to evade their arrest and that too without fixing any time and place for their appearance. Therefore, it is submitted that the order dated 19.11.2018, passed by the learned Judicial Magistrate -1st Class, Jamshedpur in G.R. Case No. 2159 of 2017 arising out of Sitaramdera P.S. Case No. 135 of 2017 is not in accordance with law. Hence, it is submitted that the order dated 19.11.2018, passed by the learned Judicial Magistrate -1st Class, Jamshedpur in G.R. Case No. 2159 of 2017 arising out of Sitaramdera P.S. Case No. 135 of 2017 be quashed and set aside. 6. Learned Special Public Prosecutor on the other hand opposes the prayer and submits that there is an inordinate delay in approaching ( 2025:JHHC:37534 ) Cr.M.P. No.3582 of 2025 3 this Court. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 7. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that by now it is a settled principle of law that the court for the purpose of issuing the written proclamation under Section 82 of Cr.P.C. must record its satisfaction that the accused person of the case 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 the proclamation under Section 82 of Cr.P.C., it must mention the time and place for appearance of the accused person in respect of whom the written proclamation under Section 82 of Cr.P.C. is made. 8. 8. Now coming to the facts of the case, there is absolutely no satisfaction recorded by the learned Judicial Magistrate regarding as to whether the petitioners are absconding or concealing themselves to evade their arrest nor it has fixed any time or place for appearance of the petitioners in the order dated 19.11.2018. Hence, this Court has no hesitation in holding that order dated 19.11.2018, passed by the learned Judicial Magistrate -1st Class, Jamshedpur in G.R. Case No. 2159 of 2017 arising out of Sitaramdera P.S. Case No. 135 of 2017 whereby the written proclamation under Section 82 of the Cr.P.C. has been directed to be issued is not sustainable in law. 9. Accordingly, the order dated 19.11.2018, passed by the learned Judicial Magistrate -1st Class, Jamshedpur in G.R. Case No. 2159 of 2017 arising out of Sitaramdera P.S. Case No. 135 of 2017 is quashed and set aside. ( 2025:JHHC:37534 ) Cr.M.P. No.3582 of 2025 4 10. The learned Judicial Magistrate -1st Class, Jamshedpur may pass a fresh order in accordance with law. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 11th December, 2025 AFR/Sonu-Gunjan/- Uploaded on 18/12/2025