[2025:JHHC:24298] 1 Cr. M.P. No.697 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.697 of 2025 ------ 1. Birendra Kumar Tiwari @ Virendra Kumar Tiwari, aged about 45 years, son of Kameshwar Tiwari, resident of village B. More, Ward No.7, Godrama Kala, Godarma Kalan P.O. Rehla, P.S. Rehla, District Palamau, Jharkhand. 2. Madhvilata Tiwari @ Madhwi Lata @ Madhvi Lata Tiwari, aged about 41 years, wife of Sri Birendra Kumar Tiwari, resident of Village B. More, Ward No.7, Godrama Kala, Godarma Kalan, P.O. Rehla, P.S. Rehla, District Palamau, Jharkhand. … Petitioners Versus 1. The State of Jharkhand 2. Ajay Kumar Mishra, aged about 38 years, son of Vidhi Prasad Mishra, resident of 1B/30, Staff Colony, Sayal, P.O. Sayal, P.S. Ramgarh, District Ramgarh (Jharkhand) … Opposite Parties ------ For the Petitioners : Mr. Indrajit Sinha, Advocate Mr. Sagar Kumar, Advocate For the State : Mr. Rajesh Kumar, Addl.P.P. For the O.P. No.2 : Mr. Jai Mohan Mishra, Advocate ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- I.A. No.10797 of 2025 1. Heard the parties. 2. Learned counsel for the petitioners submits that this interlocutory application has been filed with a prayer for early hearing of the instant Criminal Miscellaneous Petition. [2025:JHHC:24298] 2 Cr. M.P. No.697 of 2025 3. Since the hearing of this Criminal Miscellaneous Petition is being taken up today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.) Cr.M.P. No.697 of 2025 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 several prayers. 3. At the outset, learned counsel for the petitioners submits that the petitioners do not press the prayer of this Criminal Miscellaneous Petition on behalf of the petitioner No.2 namely Madhvilata Tiwari @ Madhwi Lata @ Madhvi Lata Tiwari as she has already been arrested. Hence, this Criminal Miscellaneous Petition is dismissed so far as the petitioner No.2 is concerned. 4. So far as the petitioner No.1 is concerned, learned counsel for the petitioners submits that the petitioner No.1 does not press the prayer to quash the order dated 17.03.2025 as till today, no attachment order of the property of the petitioner No.1 has been made. So, the prayer to quash the order dated 17.03.2025 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Rehla P.S. Case No.86 of 2023, in respect of the petitioner No.1 is rejected as not pressed. 5. Learned counsel for the petitioners submits that the petitioner No.1 confines his prayer only to quash the order dated 02.04.2024 and the order dated 16.11.2024 passed by the learned Chief Judicial Magistrate, Palamau [2025:JHHC:24298] 3 Cr. M.P. No.697 of 2025 at Daltonganj in connection with Rehla P.S. Case No.86 of 2023 whereby and where under the non-bailable warrant of arrest and the proclamation under Section 82 of the Code of Criminal Procedure have been issued respectively inter alia against the petitioner No.1. 6. Learned counsel for the petitioners submits that the allegation against the petitioner No.1 is false. It is next submitted that the petitioner No.1 is a constable in Central Reserve Police Force (CRPF). The petitioner No.1 was unaware about the criminal proceeding. It is further submitted that the order dated 16.11.2024 is not sustainable in law as no time and place has been fixed by the learned Chief Judicial Magistrate, Palamau at Daltonganj for the appearance of the petitioner No.1 who is the accused person of the case. Hence, the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 7. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer as prayed for by the petitioner No.1 in this Criminal Miscellaneous Petition and submits that so far as the order dated 02.04.2024 is concerned, there is absolutely no illegality in that order as the learned Chief Judicial Magistrate, Palamau at Daltonganj has recorded its satisfaction that the petitioner No.1 is an accused of non-bailable offence and is concealing himself or evading his arrest. 8. So far as the order dated 16.11.2024 is concerned, learned Addl.P.P. submits that though the learned Chief Judicial Magistrate, Palamau at Daltonganj has specifically not mentioned the time and place for appearance of the petitioner No.1 who is the accused person of the case but it is obvious that the time was during the court hours only. Therefore, it is [2025:JHHC:24298] 4 Cr. M.P. No.697 of 2025 submitted that there is no illegality in the order dated 16.11.2024 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj. Hence, it is submitted that this Criminal Miscellaneous Petition, 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 so far as the order dated 02.04.2024 is concerned, the learned Chief Judicial Magistrate, Palamau at Daltonganj, has in no uncertain manner, recorded its satisfaction that the petitioner No.1 who is the accused person of the non-bailable offence is concealing himself for evading his arrest. Hence, this Court do not find any illegality in the order dated 02.04.2024 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Rehla P.S. Case No.86 of 2023. 10. Accordingly, the order dated 02.04.2024 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Rehla P.S. Case No.86 of 2023 is dismissed in respect of the petitioner No.1 as well. 11. So far as the order dated 16.11.2024 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Rehla P.S. Case No.86 of 2023 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 the Code of Criminal Procedure must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure 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 the Code of Criminal Procedure, it [2025:JHHC:24298] 5 Cr. M.P. No.697 of 2025 must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of the Code of Criminal Procedure is issued. 12. As already indicated above since the learned Chief Judicial Magistrate, Palamau at Daltonganj vide order dated 16.11.2024 passed in connection with Rehla P.S. Case No.86 of 2023 has neither recorded its satisfaction that the petitioner No.1 is absconding or concealing himself to evade his arrest nor fixed any time or place for appearance of the petitioner No.1, who is the accused person of the case, this Court has no hesitation in holding that the order dated 16.11.2024 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Rehla P.S. Case No.86 of 2023 has committed illegality by issuing the said proclamation under Section 82 of the Code of Criminal Procedure, 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. Therefore, this Court has no hesitation in holding that the order dated 16.11.2024 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Rehla P.S. Case No.86 of 2023 so far as it relates to the petitioner No.1 namely Birendra Kumar Tiwari @ Virendra Kumar Tiwari, be quashed and set aside. 13. Accordingly, the order dated 16.11.2024 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Rehla P.S. Case No.86 of 2023 so far as it relates to the petitioner No.1 namely Birendra Kumar Tiwari @ Virendra Kumar Tiwari, is quashed and set aside. [2025:JHHC:24298] 6 Cr. M.P. No.697 of 2025 14. The learned Chief Judicial Magistrate, Palamau at Daltonganj may pass a fresh order in accordance with law. 15. In the result, this Criminal Miscellaneous Petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 14th of August, 2025 AFR/ Saroj