[2025:JHHC:13956] 1 Cr. M.P. No.833 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.833 of 2025 ------ Kanwar Deep Singh, aged about 62 years, son of Late S. Amar Singh, resident of House no. 159, Sector- 9/B, P.O.- Sector-9, P.S.- Sector-3, District- Chandigarh. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Indrajit Sinha, Advocate Mr. Mukesh Kumar, Advocate For the State : Mrs. Kumari Rashmi, Addl.P.P. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- I.A. No.5569 of 2025 Heard the parties. 2. Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer to amend the instant Criminal Miscellaneous Petition by incorporating the additional prayer of quashing the order dated 23.12.2023 passed by the learned Judicial Magistrate-1st Class, Bokaro whereby and where under the proclamation under Section 82 of the Code of Criminal Procedure has been issued against the petitioner, as proposed in para-6 of this interlocutory application. It is next submitted that the proposed amendment will not change the nature and character of the instant Criminal Miscellaneous Petition and the said prayer could not inadvertently be made at the time of filing of this Criminal Miscellaneous Petition. Hence, it is submitted that unless the proposed amendment as mentioned in para-6 of this interlocutory application is allowed, the petitioner will be highly prejudiced. 3. Learned Addl.P.P. appearing for the State has not raised any serious objection. [2025:JHHC:13956] 2 Cr. M.P. No.833 of 2025 4. Considering the aforesaid facts, the amendment as proposed in para-6 of this interlocutory application is allowed. 5. Petitioner is directed to file a consolidated Criminal Miscellaneous Petition incorporating the amendment as proposed in para-6 of this interlocutory application allowed today by this order. 6. Learned counsel for the petitioner files the consolidated Criminal Miscellaneous Petition in the court. 7. Keep the same in record. 8. This interlocutory application is disposed of accordingly. (Anil Kumar Choudhary, J.) Cr.M.P. No.833 of 2025 Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 18.12.2024 passed by the learned Sessions Judge, Bokaro in connection with Criminal Revision No.104 of 2024 whereby and where under the learned Sessions Judge, Bokaro has dismissed the criminal revision and prayer has also been made to quash the order dated 23.12.2023 passed by the learned Judicial Magistrate-1st Class, Bokaro in Sector-4 P.S. Case No.73 of 2017 corresponding to G.R. Case No.834 of 2017. 3. Learned counsel for the petitioner submits that vide order dated 23.12.2023, the proclamation under Section 82 of the Code of Criminal Procedure was issued against the petitioner, who is the accused person of the case, without following the due process of law and without recording the [2025:JHHC:13956] 3 Cr. M.P. No.833 of 2025 satisfaction that the petitioner is absconding or concealing himself to evade his arrest, which is a sine qua non for issuing proclamation under Section 82 of the Code of Criminal Procedure; without fixing the time and place for appearance of the petitioner, who is the accused person of the case. Hence, the order dated 23.12.2023 passed by the learned Judicial Magistrate-1st Class, Bokaro in Sector- 4 P.S. Case No.73 of 2017 corresponding to G.R. Case No.834 of 2017 is not sustainable in law. Hence, it is submitted that the same be quashed and set aside. 4. So far as the order dated 18.12.2024 passed in connection with Criminal Revision No.104 of 2024 is concerned, the learned Sessions Judge, Bokaro has erroneously recorded in the impugned order dated 18.12.2024 passed in connection with Criminal Revision No.104 of 2024 that the learned Judicial Magistrate-1st Class, Bokaro has mentioned in the order impugned before the Revisional Court that the person against whom warrant has been issued has absconded or concealed himself so that warrant cannot be executed and failed to consider the settled principle of law that when the court issues the proclamation under Section 82 of the Code of Criminal Procedure, it must mention time and place for appearance of the accused person of the case, in the order itself, by which such proclamation under Section 82 of the Code of Criminal Procedure is issued. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 5. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer for quashing the orders dated 18.12.2024 and 23.12.2023 and submits the very fact that the learned Judicial Magistrate-1st Class, Bokaro has passed order for issuance of the proclamation under Section 82 of the Code of Criminal Procedure itself shows that there were sufficient materials available in [2025:JHHC:13956] 4 Cr. M.P. No.833 of 2025 the record for the learned Judicial Magistrate-1st Class, Bokaro to be satisfied that the petitioner, who is the accused person of the case, was absconding or concealing himself to evade his arrest. It is next submitted that as there is no illegality in the order passed by the learned Judicial Magistrate-1st Class, Bokaro, so, the learned Sessions Judge, Bokaro has also not committed any illegality in dismissing the Criminal Revision No.104 of 2024. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 6. 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. 7. 7. As already indicated above; since the learned Judicial Magistrate-1st Class, Bokaro has nowhere recorded its satisfaction that the petitioner, who is the accused person of the case is absconding or concealing himself to evade his arrest nor it has mentioned the time or place for appearance of the petitioner who is the accused person of the case and the learned Sessions Judge, Bokaro has also failed to consider this aspect of the time and place for appearance of the petitioner having not been mentioned in the order dated 23.12.2023 by [2025:JHHC:13956] 5 Cr. M.P. No.833 of 2025 which the proclamation under Section 82 of the Code of Criminal Procedure was issued, nor there is any satisfaction recorded by the Magistrate concerned in his own words that it was satisfied that the petitioner is absconding or concealing himself to evade his arrest. 8. Under such circumstances, this Court is of the considered view that the order dated 18.12.2024 passed by the learned Sessions Judge, Bokaro in connection with Criminal Revision No.104 of 2024 and the order dated 23.12.2023 passed by the learned Judicial Magistrate-1st Class, Bokaro in Sector- 4 P.S. Case No.73 of 2017 corresponding to G.R. Case No.834 of 2017 is not sustainable in law and continuation of the same will amount to abuse of process of law. Hence, this is a fit case where the same be quashed and set aside. 9. Accordingly, the order dated 18.12.2024 passed by the learned Sessions Judge, Bokaro in connection with Criminal Revision No.104 of 2024 and the order dated 23.12.2023 passed by the learned Judicial Magistrate-1st Class, Bokaro in Sector-4 P.S. Case No.73 of 2017 corresponding to G.R. Case No.834 of 2017 are quashed and set aside. 10. The learned Judicial Magistrate-1st Class, Bokaro may pass a fresh order in accordance with law. 11. In the result, this Criminal Miscellaneous Petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 06th of May, 2025 AFR/ Saroj