(2025:JHHC:34436) Cr.M.P. No.3307 of 2025 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3307 of 2025 Madhu Kant Gupta, aged about 37 years, son of Rajendra Gupta, resident of Jant Market, Parsudih, Barigora, P.O. & P.S.-Parsudih, Dist.- East Singhbhum, State-Jharkhand .... Petitioner Versus The State of Jharkhand …. Opp. Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners : Mrs. Jasvindar Mazumdar, Advocate : Mr. Rohan Mazumdar, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl. 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 the prayer to quash the order dated 21.11.2024 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with Sonari P.S. Case No.100 of 2016, corresponding to G.R. No. 1191 of 2016 whereby and where under, the learned Judicial Magistrate 1st Class, Jamshedpur has directed to issue the proclamation under Section 82 of Cr.P.C. 3. It is submitted by the learned counsel for the petitioner that the proclamation under Section 82 of Cr.P.C. has been issued vide order dated 21.11.2024 in connection with Sonari P.S. Case No.100 of 2016, (2025:JHHC:34436) Cr.M.P. No.3307 of 2025 2 corresponding to G.R. No. 1191 of 2016 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 the proclamation under Section 82 of Cr.P.C. and that too without fixing any time or place for the appearance of the petitioner. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 4. Learned Additional Public Prosecutor on the other hand opposes the prayer and submits that the very fact that the learned Magistrate has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned Magistrate to be satisfied that there was justification for issuance of such proclamation. 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 the materials in the record, 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 Judicial Magistrate 1st Class, Jamshedpur has neither recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor (2025:JHHC:34436) Cr.M.P. No.3307 of 2025 3 fixed any time or place for appearance of the petitioner who is the accused person of this case, 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 21.11.2024 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with Sonari P.S. Case No.100 of 2016, corresponding to G.R. No. 1191 of 2016 be quashed and set aside against the petitioner. 6. Accordingly, the order dated 21.11.2024 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with Sonari P.S. Case No.100 of 2016, corresponding to G.R. No. 1191 of 2016, is quashed and set aside against the petitioner. 7. The learned Judicial Magistrate 1st Class, Jamshedpur may pass a fresh order in accordance with law. 8. In the result, this criminal miscellaneous petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 19th November, 2025 AFR/Sonu-Gunjan/- Uploaded on 24/11/2025