[2025:JHHC:12290] 1 Cr. M.P. No.812 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.812 of 2025 ------ Sanjay Yadav alias Sanjay Kumar Yadav, aged about 34 years, Son of Mahavir Yadav, Resident of Village- Neori-Karma, P.O.- Dadpur, P.S.- Chouparan, District- Hazaribagh (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Ranjan Kumar Singh, Advocate Mr. Santosh Kumar, Advocate For the State : Mr. Bhola Nath Ojha, 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 inter alia with a prayer to quash the order dated 23.08.2023 by which Non-bailable warrant of arrest was issued against the petitioner, order dated 28.11.2023 by which the proclamation under Section 82 of the Code of Criminal Procedure was issued against the petitioner; both passed in connection with Chouparan P.S. Case No.210 of 2023 as well as to quash the entire criminal proceeding of the said case. 3. At the outset, learned counsel for the petitioner submits that the petitioner does not press the prayer to quash the order dated 23.08.2023. Accordingly, this Criminal Miscellaneous Petition so far as relates to the prayer to quash the order dated 23.08.2023 in connection with Chouparan P.S. Case No.210 of 2023 is rejected as not pressed. [2025:JHHC:12290] 2 Cr. M.P. No.812 of 2025 4. Learned counsel for the petitioner next submits that the petitioner confines his prayer only to quash the order dated 28.11.2023 in connection with Chouparan P.S. Case No.210 of 2023 as well as to quash the entire criminal proceeding of the said case. 5. So far as the order dated 28.11.2023 is concerned, learned counsel for the petitioner submits that the learned Sub-Divisional Judicial Magistrate, Hazaribagh vide order dated 28.11.2023 in connection with Chouparan P.S. Case No.210 of 2023 has directed for issue of proclamation under Section 82 of the Code of Criminal Procedure without fixing any time and place for appearance of the petitioner; who is the accused herein. Hence, it is submitted that the same is not sustainable in law. Learned counsel for the petitioner next submits that for the self-same occurrence also, a complaint case vide Complaint (Excise) Case No.1563 of 2023 has been instituted. So, this Criminal Miscellaneous Petition be also quashed and set aside. 6. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer as prayed for by the petitioner in this Criminal Miscellaneous Petition and submits that so far as the contention of the petitioner that for the self-same occurrence, a complaint case has also been filed is concerned, Section 210 of the Code of Criminal Procedure lays down the procedure to be followed, when there is a complaint case and police investigation in respect of the same offence. Hence, merely earlier filing of a complaint case is not a ground to quash the entire criminal proceeding. So far as the order dated 28.11.2023 is concerned, learned Spl.P.P. submits that the very fact that the learned Sub-Divisional Judicial Magistrate, Hazaribagh has passed order for issuance of proclamation under Section 82 of the Code of Criminal Procedure itself shows that there were sufficient materials available in [2025:JHHC:12290] 3 Cr. M.P. No.812 of 2025 the record for the learned Sub-Divisional Judicial Magistrate, Hazaribagh to be satisfied that the petitioner was absconding and the petitioner was expected to appear within 30 days of such proclamation issued under Section 82 of the Code of Criminal Procedure, in the court concerned issuing 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 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 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. 8. As already indicated above since the learned Sub-Divisional Judicial Magistrate, Hazaribagh has neither recorded his satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time or place for appearance of the accused person who is the petitioner herein, this Court has no hesitation in holding that the learned Sub-Divisional Judicial Magistrate, Hazaribagh has committed a grave 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 [2025:JHHC:12290] 4 Cr. M.P. No.812 of 2025 process of law. Therefore, this is a fit case where the order dated 28.11.2023 passed by the learned Sub-Divisional Judicial Magistrate, Hazaribagh in connection with Chouparan P.S. Case No.210 of 2023, is liable to be quashed and set aside against the petitioner. 9. Accordingly, the order dated 28.11.2023 passed by the learned Sub- Divisional Judicial Magistrate, Hazaribagh in connection with Chouparan P.S. Case No.210 of 2023, is quashed and set aside against the petitioner. 10. The learned Sub-Divisional Judicial Magistrate, Hazaribagh may pass a fresh order in accordance with law. 11. So far as the prayer for quashing the entire criminal proceeding in connection with the said Chouparan P.S. Case No.210 of 2023 is concerned, as has rightly been submitted by the learned Spl.P.P. appearing for the State that Section 210 of the Code of Criminal Procedure lays down the procedure to be followed when there is a complaint case and police investigation in respect of the same offence and in view of the specific provision of law in the Code of Criminal Procedure for such an eventuality, this Court is of the considered view that merely because there is an earlier complaint case; institution of a subsequent police case in respect of the same offence; is not a ground to quash the entire criminal proceeding of the police case. 12. Accordingly, the prayer to quash the entire criminal proceeding in connection with the said Chouparan P.S. Case No.210 of 2023 is dismissed. 13. In the result, this Criminal Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 23rd of April, 2025 AFR/ Saroj