(2026:JHHC:16824) 1 Cr. M.P. No.1625 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1625 of 2026 ------ Sheikh Khan @ Sheikh Azam Khan @ Sheikh Khazam Khan, aged about 32 Years S/O Late Hanif Khan, R/O Village- Singarsari, P.O. & P.S.- Bero, District- Ranchi (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Ms. Nehala Sharmin, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dated 06.02.2025 passed by the learned Sub Divisional Judicial Magistrate, Khunti in connection with Karra P.S. Case No.03 of 2025 whereby and where under the learned Sub Divisional Judicial Magistrate, Khunti has issued the proclamation under Section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023. 3. The brief facts of the case is that the petitioner is the accused person of the said Karra P.S. Case No.03 of 2025 and after non-bailable warrant of arrest was issued against him, he was absconding. The Investigating Officer of the case submitted an application for issuance of the proclamation under Section 84 of Bharatiya Nagarik Suraksha (2026:JHHC:16824) 2 Cr. M.P. No.1625 of 2026 Sanhita, 2023. The learned Sub Divisional Judicial Magistrate, Khunti after being satisfied that the petitioner is absconding, though he is involved in a non-bailable offence, ordered for issuance of the proclamation under Section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023 fixing 23.05.2026 between 8:00 am to 12:00 pm in his Court for the appearance of the petitioner. 4. Learned counsel for the petitioner submits that no notice under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been served upon the petitioner to inform him that he has been arrayed as an accused in the present case and the police never came to apprehend him. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed. 5. Learned Spl. P. P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that it is evident from the impugned order itself that in the case-diary submitted before the Court of learned Sub Divisional Judicial Magistrate, Khunti, it has categorically been stated that the police raided the house of the petitioner on 01.03.2026, 12.03.2026 and on 29.03.2026, so, there is no force in the contention of the petitioner that police never went to his house. It is next submitted that there is absolutely no illegality in the impugned order. It is lastly submitted that this Cr.M.P., 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 (2026:JHHC:16824) 3 Cr. M.P. No.1625 of 2026 pertinent to mention here that it is evident from the impugned order that there were sufficient materials available in the record for the learned Sub Divisional Judicial Magistrate, Khunti to be satisfied that the petitioner is absconding and concealing himself to evade his arrest even though he is involved in a non-bailable offence. After being so satisfied, the learned Sub Divisional Judicial Magistrate, Khunti has issued the proclamation under Section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023 fixing the time and place for appearance of the petitioner who is the accused person of the said case. 7. Under such circumstances, this Court is of the considered view that there is no illegality in the impugned order dated 06.02.2025 passed by the learned Sub Divisional Judicial Magistrate, Khunti in connection with Karra P.S. Case No.03 of 2025 warranting interference of this Court exercise of its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 11th of June, 2026 AFR/ Animesh Uploaded on- 12/06/2026