[2026:JHHC:17577] 1 Cr. M.P. No.1693 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1693 of 2026 ------ Prashant Garg @ Prashant, aged about 32 years, Son of Yogesh Garg, R/o – 1714, Rishi Nagar, Gurudwara Road, P.O.- Lodhi Road, P.S.- Katla Mubarakpur, District- New Delhi- 110003 … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. V.P. Singh, Sr. Advocate Mr. Ashish Kr. Shekhar, Advocate For the State : Mr. Vineet Kr. Vashistha, 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 with the prayer to set aside the order dated 10.10.2025 passed by the learned Judicial Magistrate-XIII, Ranchi in connection with Doranda P.S. Case No. 60 of 2024 whereby and where under the learned Judicial Magistrate-XIII, Ranchi ordered for issuance of non-bailable warrant of arrest against the petitioner and also the order dated 15.01.2026 passed by the learned Judicial Magistrate-XIII, Ranchi in the said case, the process under Section 82 of the Cr.P.C. was issued. 3. The brief fact of the case is that the petitioner is an accused of Doranda P.S. Case No. 60 of 2024 involving the offences inter alia punishable under Sections 468, 420 & 120B of the Indian Penal Code which are non-bailable offences. The petitioner was evading his arrest [2026:JHHC:17577] 2 Cr. M.P. No.1693 of 2026 during the investigation of the case and the I.O. of the case filed an application for issuance of non-bailable warrant of arrest. The learned Judicial Magistrate-XIII, Ranchi on being satisfied that the petitioner is evading his arrest, directed to issue warrant of arrest inter alia against the petitioner who is one of the accused persons of the case. Thereafter, though the petitioner himself being an accused person did not appear before the court concerned, a petition was filed to recall non-bailable warrant of arrest. Vide order dated 10.11.2025, the learned Judicial Magistrate-XIII, Ranchi passed an order that the same be kept in the record. On 15.01.2026, I.O. of the case filed a petition for issuance of the proclamation under Section 82 of the Cr.P.C. The learned Judicial Magistrate-XIII, Ranchi on being satisfied that the petitioner is evading his arrest in the case involving the offences under Sections 468, 420 & 120B of the Indian Penal Code, directed on 15.01.2026, to issue the proclamation, fixing 17.02.2026 between 10:30 A.M. to 04:30 P.M. for appearance of the petitioner. 4. Learned senior counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is no material in the record to show that the notice issued under Section 35(3) of the B.N.S.S., 2023 was actually served upon the petitioner before issuance of the non-bailable warrant of arrest. It is next submitted that there is no material in the record to suggest that summons was issued or bailable warrant of arrest was issued against the petitioner. It is then submitted that the non-bailable warrant of arrest was issued arbitrarily and the learned Judicial Magistrate-XIII, Ranchi allowed the prayer for issuance [2026:JHHC:17577] 3 Cr. M.P. No.1693 of 2026 of non-bailable warrant of arrest. It is further submitted that the petitioner approached the learned court below and filed a petition on 10.11.2025 for recall of non-bailable warrant of arrest. Therefore, there was no occasion to issue or pass an order for issue of process under Section 82 of the Cr.P.C. It is next submitted that though subsequently, the I.O. of the case filed a petition mentioning therein that the petitioner was not found at his residence on 16.10.2025 and 17.10.2025 but the word that the petitioner is evading his arrest and concealing himself, has not been mentioned in the application of the I.O. It is then submitted that mere absence of the petitioner from his residence on two occasions cannot be termed as absconding or concealment as contemplated under Section 82 of Cr.P.C. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 5. 5. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that in the order dated 10.10.2025, it has categorically been mentioned that the date on which the notice under Section 35(3) of the B.N.S.S., 2023 was served upon the petitioner, the petitioner has not taken any plea that the said notice was never served upon him rather the only grievance of the petitioner is that the service report of the notice is not available in the record. It is next submitted that in the absence of categorical denial of not receiving of notice under Section 35(3) of the B.N.S.S., 2023 by the petitioner, the same amounts to admission by default on the part of the petitioner that he has received the notice issued under Section 35(3) of the B.N.S.S., [2026:JHHC:17577] 4 Cr. M.P. No.1693 of 2026 2023 on 17.05.2024 and 18.06.2024. It is then submitted that the petitioner has failed to come forward with any explanation for not appearing before the police or before the trial court. It is also submitted that it is a requirement of law that an accused person in a criminal case has personally to appear before the court concerned, unless the exemption as envisaged under Section 205 of the Cr.P.C. is allowed but in this case, admittedly, the petitioner has never approached the court for dispensing with the personal attendance under Section 205 of the Cr.P.C. nor appeared in-person physically and in the absence of that, certainly, no petition purported to have been filed by accused person, could not have been entertained by the learned Judicial Magistrate and the learned Judicial Magistrate has rightly not entertained the same but from the records it appears that, as the learned Judicial Magistrate-XIII, Ranchi was satisfied that the petitioner is evading his arrest and being so satisfied, has passed order for issuance of non-bailable warrant of arrest against the petitioner vide order dated 10.10.2025 in connection with Doranda P.S. Case No. 60 of 2024; no illegality is involved in the said order dated 10.10.2025 warranting interference of this Court in exercise of its power under Section 528 of the B.N.S.S., 2023. 6. So far as the order dated 15.01.2026 is concerned, learned Spl.P.P. submits that no illegality involved in that order also. It is next submitted that the impugned order dated 15.01.2026 goes to show that the learned Judicial Magistrate-XIII, Ranchi on being satisfied from the materials placed before him that the petitioner was absconding and concealing himself by remaining absent in his address; when the police [2026:JHHC:17577] 5 Cr. M.P. No.1693 of 2026 raided his house on 16.10.2025 and 17.10.2025 respectively and being so satisfied, having issued the proclamation under Section 82 of the Cr.P.C.; no illegality is involved in the said order dated 15.01.2026 either. 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 this Court is of the considered view that so far as the order dated 10.10.2025 passed in Doranda P.S. Case No. 60 of 2024, is concerned, it is crystal clear from the said order that the learned Judicial Magistrate-XIII, Ranchi after being satisfied from the materials placed before him that the petitioner is though involved in non-bailable offence but evading his arrest and on being so satisfied, has issued non-bailable warrant of arrest. Therefore, there is no illegality involved in the said order dated 10.10.2025. Hence, this Court is of the considered view that the said order dated 10.10.2025 passed in Doranda P.S. Case No. 60 of 2024 by the learned Judicial Magistrate- XIII, Ranchi do not warrant interference of this Court in exercise of its power under Section 528 of the B.N.S.S., 2023. 8. So far as the contention of the petitioner that in view of the petition filed on 10.11.2025 on behalf of the petitioner, the subsequent order dated 15.01.2026 could not have been passed is concerned, it is pertinent to mention here that an accused person of a criminal case is required to appear before the court concerned in-person only, unless his personal appearance is dispensed with in exercise of its power under [2026:JHHC:17577] 6 Cr. M.P. No.1693 of 2026 Section 205 of the Cr.P.C. and further it is also a requirement of law that a petition filed before a Judicial Court is required to be moved or pressed by someone. When merely a petition is filed; when the same is not moved or pressed by someone, such petition is to be kept in the record only and the learned Judicial Magistrate-XIII, Ranchi has exactly done the same. There is no material available in the record to suggest that the petitioner ever engaged any lawyer in the said Doranda P.S. Case No. 60 of 2024. There is also no material available in the record to suggest that the petitioner ever appeared in-person in the Court of the learned Judicial Magistrate-XIII, Ranchi in connection with Doranda P.S. Case No. 60 of 2024. 9. Under such circumstances, this Court do not find any illegality, in the absence of the petition dated 10.11.2025 being either moved or pressed by someone, the learned Judicial Magistrate-XIII, Ranchi having only passed the order for keeping the said petition on record. 10. So far as the order dated 15.01.2026 is concerned, this Court finds that the same reflects application of mind of the learned Judicial Magistrate-XIII, Ranchi and on being satisfied that the petitioner is absconding and concealing himself to evade his arrest and is keeping himself out of the way when the police raided his house, having passed order for issuance of the proclamation under Section 82 of Cr.P.C. fixing the place and time for appearance of the petitioner; who is the accused person of the case. Therefore, this Court also do not find any illegality in the said order dated 15.01.2026 passed in Doranda P.S. Case No. 60 of 2024 by the learned Judicial Magistrate-XIII, Ranchi warranting [2026:JHHC:17577] 7 Cr. M.P. No.1693 of 2026 interference of this Court in exercise of the power under Section 528 of the B.N.S.S., 2023. 11. In view of the discussions made above, this Court is of the considered view that there is no merit in this Criminal Miscellaneous Petition. 12. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 16th of June, 2026 AFR/ Saroj Uploaded on 22/06/2026