( 2026:JHHC:1564 ) 1 Cr. M.P. No.2758 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2758 of 2024 ------ Gulam Mustafa @ Md. Gulam Mustafa aged about 38 years, son of Md. Shakil Ahmad, Resident of Village-Bhadedih, P.O.-Jhumri Telaiya, P.S.-Telaiya, Dist.-Koderma. … Petitioner Versus 1. The State of Jharkhand 2. Pradeep Kumar Verma, son of Hiralal Verma, Resident of At & P.O.-Koderma, P.S. & Distt.-Koderma. … Opposite Parties ------ For the Petitioner : Mr. Shailendra Jit, Advocate For the State : Mr. V.K. Vashistha, Spl.P.P. For the OP 2 : Mr. Randhir Kumar, Advocate ------ 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 with several prayers, but the learned counsel for the petitioner abandons his prayer to quash the order dated 10.03.2023 passed by the learned Sub- Divisional Judicial Magistrate, Koderma in connection with Complaint Case No.27 of 2017 as yet no property of the petitioner has been attached and the other prayers also. Accordingly, all of the prayer made in this criminal miscellaneous petition except the prayer to quash ( 2026:JHHC:1564 ) 2 Cr. M.P. No.2758 of 2024 the orders dated 20.06.2019 and 14.12.2022 passed by the learned Judicial Magistrate-1st Class, Koderma in the said complaint case, are rejected as not pressed. 3. The learned counsel for the petitioner submits that the petitioner confines his prayer to quash the order dated 20.06.2019 passed by the learned Judicial Magistrate-1st Class, Koderma in the said complaint case whereby and whereunder the learned Judicial Magistrate-1st Class, Koderma has issued proclamation under Section 82 of the Code of Criminal Procedure and also the order dated 14.12.2022 passed by the learned Sub-Divisional Judicial Magistrate, Koderma whereby and whereunder the learned Sub-Divisional Judicial Magistrate, Koderma has ordered for issue of fresh proclamation under Section 82 of the Cr.P.C. 4. Learned counsel for the petitioner submits that neither in the impugned order dated 20.06.2019 nor in the impugned order dated 14.12.2022, the learned Judicial Magistrate-1st Class, Koderma or the learned Sub-Divisional Judicial Magistrate, Koderma has recorded the satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time and place for appearance of the petitioner, who is the accused person of the said case. Hence, the same has been passed without following the due process of law, therefore, the same is not sustainable in law and are liable to be quashed and set aside. ( 2026:JHHC:1564 ) 3 Cr. M.P. No.2758 of 2024 5. Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer and submits that the very fact that the learned Judicial Magistrate-1st Class, Koderma and the learned Sub-Divisional Judicial Magistrate, Koderma have, respectively issued the proclamation under Section 82 of Cr.P.C., goes to show that there were sufficient materials available in the record for the learned Judicial Magistrate-1st Class, Koderma and the learned Sub-Divisional Judicial Magistrate, Koderma respectively to be satisfied that there were sufficient material for issuance of such proclamations. 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 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, Koderma and the learned Sub-Divisional Judicial Magistrate, Koderma respectively in the said impugned order dated 20.06.2019 and the ( 2026:JHHC:1564 ) 4 Cr. M.P. No.2758 of 2024 impugned order dated 14.12.2022, have neither recorded their satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time or place for appearance of the petitioner, which is also required to be mentioned in the order itself by which under Section 82 of Cr.P.C. is issued, hence, this Court has no hesitation in holding that both the learned Judicial Magistrate-1st Class, Koderma and the learned Sub-Divisional Judicial Magistrate, Koderma have committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying 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 20.06.2019 passed by the learned Judicial Magistrate-1st Class, Koderma and also the order dated 14.12.2022 passed by the learned Sub-Divisional Judicial Magistrate, Koderma in connection with Complaint Case No.27 of 2017, be quashed and set aside qua the petitioner only. 7. Accordingly, the order dated 20.06.2019 passed by the learned Judicial Magistrate-1st Class, Koderma and also the order dated 14.12.2022 passed by the learned Sub-Divisional Judicial Magistrate, Koderma in connection with Complaint Case No.27 of 2017, is quashed and set aside qua the petitioner only. 8. The learned Sub-Divisional Judicial Magistrate, Koderma or its successor Court may pass a fresh order in accordance with law. ( 2026:JHHC:1564 ) 5 Cr. M.P. No.2758 of 2024 9. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 20th of January, 2026 AFR/ Abhiraj Uploaded on 28/01/2026