[ 2026:JHHC:16888] 1 Cr.M.P. No. 1655 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1655 of 2026 1. Sakuntala Devi aged about 50 years, wife of Rajkumar Sahu, Resident of Village: Kasira, Post Office: Gumla, Police Station & District: Gumla (Jharkhand). 2. Aniket Sahu, aged about 23 years, son of Rajkumar Sahu, Resident of Village: Kasira, Post Office: Gumla, Police Station & District: Gumla (Jharkhand). ...... Petitioners Versus The State of Jharkhand .….. Opposite Party For the Petitioners : Mr. Vishal Kumar , Adv. Mr. Ritesh Kumar , Adv. For the State : Mr. Rajneesh Vardhan, 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 528 of BNSS, 2023 though with twin prayer of quashing and setting aside the order dated 23.03.2026 and order dated 20.04.2026 passed by learned Additional Sessions Judge-I-cum- Special Judge, Gumla in connection with (SC/ST) Gumla P.S. case no. 01 of 2026 but learned counsel for the petitioners does not press the prayer of quashing and setting aside the order dated 23.03.2026 passed by learned Additional Sessions Judge-I- cum- Special Judge, Gumla in connection with (SC/ST) Gumla P.S. case no. 01 of 2026. Accordingly, the prayer of quashing and setting aside the order dated 23.03.2026 passed by learned Additional Sessions Judge-I-cum- Special Judge, Gumla in connection with (SC/ST) Gumla P.S. case no. 01 of 2026 is rejected as not pressed. 3. So far as the prayer of quashing and setting aside the order dated 20.04.2026 passed by learned Additional Sessions Judge-I-cum- Special Judge, Gumla in connection with (SC/ST) Gumla P.S. case no. 01 of 2026 is concerned, learned [ 2026:JHHC:16888] 2 Cr.M.P. No. 1655 of 2026 Additional Sessions Judge thereby has ordered for issuance of proclamation under Section 84 of BNSS, 2023 without fixing time and place for appearance of the accused persons of the case. 4. The learned counsel for the petitioners does not press the prayer on behalf of the petitioner no. 1- Sakuntala Devi as she has been arrested in the meanwhile. Accordingly, this Criminal Miscellaneous Petition is rejected as not pressed in respect of the petitioner no. 1- Sakuntala Devi. 5. So far as the petitioner no. 2- Aniket Sahu is concerned, it is submitted by learned counsel for the petitioners that since learned Additional Sessions Judge I-cum- Special Judge, Gumla has ordered for issuance of the proclamation under Section 84 of BNSS, 2023 without fixing time and place for appearance of the petitioner no. 2; the same is not sustainable in law, hence, the same be quashed and set aside. 6. Learned Addl. PP on the other hand submits that since the proclamation has been issued, it is axiomatic that the petitioner no. 2 is supposed to appear before the court concerned after 30 days of the proclamation, hence, it is submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed. 7. Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that by now it is a settled principle of law that the court while issuing the proclamation under Section 84 of BNSS, must record its satisfaction that the accused in respect of whom, the proclamation has been issued, is absconding or concealing himself to evade his arrest and in case, the court decides to issue the proclamation under Section 84 of BNSS, 2023, it must mention the time and place for appearance of the petitioner in the order itself, by which the proclamation under Section 84 of BNSS, 2023 is issued. As already indicated above, since [ 2026:JHHC:16888] 3 Cr.M.P. No. 1655 of 2026 learned Additional Sessions Judge I-cum- Special Judge, Gumla has failed to fix the time and place for appearance of the accused person in the impugned order itself by which, the proclamation under Section 84 of BNSS, 2023 has been issued, hence, this Court has no hesitation in holding that the same is not sustainable in law. 8. Accordingly, the order dated 20.04.2026 passed by learned Additional Sessions Judge-I-cum- Special Judge, Gumla in connection with (SC/ST) Gumla P.S. case no. 01 of 2026 is quashed and set aside qua the petitioner no. 2- Aniket Sahu only. 9. Learned Additional Sessions Judge-I-cum- Special Judge, Gumla may pass a fresh order in accordance with law. 10. Accordingly, this Criminal Miscellaneous Petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 11th June, 2026 Smita /AFR Uploaded on 19.06.2026