( 2026:JHHC:17753 ) 1 Cr. M.P. No.1709 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1709 of 2026 ------ 1. Sanjay Ram Bhagat aged about 36 years, son of Jayram Bhagat, Resident of Village-Baigatoli, Neemgaon, Post Office & Police Station-Jashpur, District-Jashpur (Chhattisgarh). 2. Sateesh Bhagat @ Sateesh Oraon, aged about 33 years, son of Shaligram Bhagat @ Shaligram Oraon, Resident of Village-Jiling, Post Office-Paiku, Police Station-Jashpur, District-Jashpur (Chhattisgarh). 3. Sukul Bhagat @ Sukul Oraon, aged about 55 years, son of Birsai Bhagat @ Birsa Oraon, resident of Village-Tetar Toli, Post Office- Paiku, Police Station-Jashpur, District-Jashpur (Chhattisgarh). 4. Budheshwar Bhagat @ Budheshwar Oraon, aged about 39 years, son of Mani Ram @ Mani Ram Oraon, Resident of Village- Patratoli, Jiling, Post Office-Paiku, Police Station-Jashpur, District- Jashpur (Chhattisgarh). 5. Jagsohan Bhagat @ Sohan Bhagat, aged about 56 years, son of Birsai Bhagat, Resident of Village-Tetar Toli, Post Office-Paiku, Police Station-Jashpur, District-Jashpur (Chhattisgarh). 6. Subhash Bhagat @ Laden, aged about 37 years, son of Baleshwar Bhagat, Resident of Village-Neemgaon, Post Office & Police Station-Jashpur, District-Jashpur (Chhattisgarh). … Petitioners Versus The State of Jharkhand … Opposite Party ------ For the Petitioners : Mr. Ritesh Kumar, Advocate : Mr. Gaurav, Advocate For the State : Mr. Vishwanath Roy, Spl.P.P. ------ P R E S E N T ( 2026:JHHC:17753 ) 2 Cr. M.P. No.1709 of 2026 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 BNSS, 2023 with twin prayers but at the outset, the learned counsel for the petitioners submits that the petitioners do not press the prayer to quash the order dated 24.06.2025 passed by the learned Sub-Divisional Judicial Magistrate, Gumla in connection with Jari P.S. Case No.36 of 2022 corresponding to G.R. Case No.14 of 2023 registered for the offences punishable under Sections 147, 148, 302, 201, 435 & 379 of the Indian Penal Code whereby and whereunder the non-bailable warrant of arrest has been issued against the petitioners, hence the said prayer is rejected as not pressed. 3. Learned counsel for the petitioners do not press the instant Cr.M.P. against the petitioner no.6. Accordingly, this Cr.M.P. is dismissed so far as the petitioner no.6 namely Subhash Bhagat @ Laden is concerned. 4. So far as the petitioner no.1 to 5 are concerned, learned counsel for the petitioners confine their only prayer to quash the order dated 17.02.2026 passed by the learned Sub-Divisional Judicial Magistrate, Gumla in connection with Jari P.S. Case No.36 of 2022 corresponding to G.R. Case No.14 of 2023 registered for the offences punishable under Sections 147, 148, 302, 201, 435 & 379 of the Indian Penal Code whereby and where under the learned Sub-Divisional Judicial Magistrate, Gumla has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023. ( 2026:JHHC:17753 ) 3 Cr. M.P. No.1709 of 2026 5. Learned counsel for the petitioners submits that the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 has been issued vide order dated 17.02.2026 without following the due process of law and without recording the satisfaction that the petitioners are absconding or concealing themselves to evade their arrest which is a sine qua non for issuing proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023, that too without fixing any time or place for appearance of the petitioners, who are the accused persons of the said case. Hence, it is submitted that the order dated 17.02.2026 passed by the learned Sub-Divisional Judicial Magistrate, Gumla in connection with Jari P.S. Case No.36 of 2022 corresponding to G.R. Case No.14 of 2023 registered for the offences punishable under Sections 147, 148, 302, 201, 435 & 379 of the Indian Penal Code whereby and where the learned Sub-Divisional Judicial Magistrate, Gumla has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023, be quashed. 6. Learned Spl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 17.02.2026 passed by the learned Sub- Divisional Judicial Magistrate, Gumla in connection with Jari P.S. Case No.36 of 2022 corresponding to G.R. Case No.14 of 2023 registered for the offences punishable under Sections 147, 148, 302, 201, 435 & 379 of the Indian Penal Code whereby and where the learned Sub-Divisional Judicial Magistrate, Gumla has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023 ( 2026:JHHC:17753 ) 4 Cr. M.P. No.1709 of 2026 and submits that the very fact that the learned Sub-Divisional Judicial Magistrate, Gumla has issued the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 itself shows that there were materials available in the record for the learned Sub- Divisional Judicial Magistrate, Gumla to be satisfied that there is justification for issuance of such proclamation. 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 by now it is a settled principle of law that the court which issues the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 is made, is absconding or concealing themselves to evade their arrest and in case the court decides to issue proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023, it must mention the time and place for appearance of the petitioners in the order itself by which the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 is issued. As already indicated above since the learned Sub-Divisional Judicial Magistrate, Gumla has neither recorded its satisfaction that the petitioners are absconding or concealing themselves to evade their arrest nor fixed any time or place for appearance of the ( 2026:JHHC:17753 ) 5 Cr. M.P. No.1709 of 2026 petitioners, this Court has no hesitation in holding that the learned Sub- Divisional Judicial Magistrate, Gumla has committed a grave illegality by issuing the said proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 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. Therefore, this is a fit case where the order dated 17.02.2026 passed by the learned Sub-Divisional Judicial Magistrate, Gumla in connection with Jari P.S. Case No.36 of 2022 corresponding to G.R. Case No.14 of 2023 registered for the offences punishable under Sections 147, 148, 302, 201, 435 & 379 of the Indian Penal Code whereby and where the learned Sub- Divisional Judicial Magistrate, Gumla has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023, be quashed and set aside. 8. 8. Accordingly, the order dated 17.02.2026 passed by the learned Sub- Divisional Judicial Magistrate, Gumla in connection with Jari P.S. Case No.36 of 2022 corresponding to G.R. Case No.14 of 2023 registered for the offences punishable under Sections 147, 148, 302, 201, 435 & 379 of the Indian Penal Code whereby and where the learned Sub-Divisional Judicial Magistrate, Gumla has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023, is quashed and set aside. 9. The learned Sub-Divisional Judicial Magistrate, Gumla may pass a fresh order in accordance with law. ( 2026:JHHC:17753 ) 6 Cr. M.P. No.1709 of 2026 10. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th of June, 2026 AFR/ Abhiraj Uploaded on 22/06/2026