[ 2025:JHHC:24904] 1 Cr.M.P. No. 823 of 2020 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 823 of 2020 Anil Kumar Turi @ Anil Turi @ Arun Jee, aged about 25 years son of Kishun Turi, Resident of Village- Besra, P.O and P.S- Balumath, District-Latehar, At Present- Jogiyadih, P.O & P.S- Balumath, District- Latehar ...... Petitioner Versus The State of Jharkhand ….. Opposite Party For the Petitioner : Mr. A.K.Chaturvedy , Adv. For the State : Mr. Jitendra Pandey, Addl. PP 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 482 of though with twin prayers but the petitioner does not press the prayer to quash the order dated 26.08.2019 and confines only to quash and set aside the order dated 20.05.2019 passed by learned ACJM, Latehar, in connection with Chandwa P.S. case no. 125 of 2104 corresponding to G.R. case no. 862 of 2014 (S) by which, the proclamation under Section 82 of CrPC has been issued against the petitioner, who is the accused person of the case, without recording satisfaction that the petitioner is absconding or evading his arrest and without fixing any time and place for appearance of the petitioner. Accordingly, the prayer to quash the order dated 26.08.2019 is rejected as not pressed. 3. It is submitted by learned counsel for the petitioner that the order dated 20.05.2019 passed by learned ACJM, Latehar, in connection with Chandwa P.S. case no. 125 of 2014 corresponding to G.R. case no. 862 of 2014 (S) is not sustainable in law having been passed without following the due process of law and without recording its satisfaction that the petitioner is absconding or concealing himself to evade his arrest and without fixing any time [ 2025:JHHC:24904] 2 Cr.M.P. No. 823 of 2020 or place for appearance of the petitioner, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 4. Learned Addl. PP vehemently opposes the prayer and submits that the very fact that the learned ACJM, Latehar has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned ACJM, Latehar to be satisfied for issuance of the proclamation, hence, this Criminal Miscellaneous Petition being without any merit, be dismissed. 5. 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 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 ACJM, Latehar 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 has no hesitation in holding that the ACJM, Latehar has committed illegality in issuing the said proclamation without complying with the mandatory requirement of law, hence, the said impugned order is not in accordance with law and continuation of the same will amount to abuse of process of law and this is a fit case where the order dated 20.05.2019 passed by learned ACJM, Latehar, in connection with Chandwa P.S. case no. 125 of 2014 corresponding to G.R. case no. 862 of 2014 (S) be quashed and set aside. [ 2025:JHHC:24904] 3 Cr.M.P. No. 823 of 2020 6. Accordingly, order dated 20.05.2019 passed by learned ACJM, Latehar, in connection with Chandwa P.S. case no. 125 of 2014 corresponding to G.R. case no. 862 of 2014 (S) is quashed and set aside. 7. The learned ACJM, Latehar may pass a fresh order in accordance with law. 8. This Criminal Miscellaneous Petition is allowed to the aforesaid extent only and in view of the disposal of this criminal miscellaneous petition, interim order, if any, passed earlier is vacated. 9. The Registry is directed to intimate the court concerned forthwith. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 11th August, 2025 Smita /AFR