( 2026:JHHC:17406 ) 1 Cr. M.P. No.1668 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1668 of 2026 ------ Manju Devi, aged about 51 years, wife of Ram Prasad @ Ram Prasad Mehta @ Chandrashekhar Prasad Mehta, Resident of W-36/119, Furniture Block, Kirti Nagar, Industrial Area, Ramesh Nagar, P.O., P.S. & District-West Delhi-110015, also resident of Village-Jalaundh, P.O. & P.S.-Ichak, District-Hazaribagh. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Sunil Singh, Advocate For the State : Mr. Manoj Kr. Mishra, Addl.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 BNSS, 2023 with twin prayers but at the outset, the learned counsel for the petitioner submits that the petitioner does not press the prayer to quash the order dated 26.02.2026 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Ichak P.S. Case No.146 of 2025 registered for the offences punishable under Section 103(1), 238 and 61(2) of the BNS, 2023, hence the same is rejected as not pressed. 3. Learned counsel for the petitioner confines his only prayer to quash the order dated 13.05.2026 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Ichak P.S. Case No.146 of 2025 ( 2026:JHHC:17406 ) 2 Cr. M.P. No.1668 of 2026 registered for the offences punishable under Section 103(1), 238 and 61(2) of the BNS, 2023 whereby and where the learned Judicial Magistrate-1st Class, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023. 4. Learned counsel for the petitioner 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 13.05.2026 without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing herself to evade her 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 and place for appearance of the petitioner, who is the accused person of the said case. Hence, it is submitted that the order dated 13.05.2026 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Ichak P.S. Case No.146 of 2025 registered for the offences punishable under Section 103(1), 238 and 61(2) of the BNS, 2023 whereby and where the learned Judicial Magistrate-1st Class, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023, be quashed. 5. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 13.05.2026 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Ichak P.S. Case No.146 of 2025 registered for the offences punishable under Section 103(1), 238 and 61(2) of the BNS, 2023 whereby and where the learned ( 2026:JHHC:17406 ) 3 Cr. M.P. No.1668 of 2026 Judicial Magistrate-1st Class, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure; which corresponds to Section 84 of the BNSS, 2023 and submits that the very fact that the learned Judicial Magistrate-1st Class, Hazaribagh 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 Judicial Magistrate-1st Class, Hazaribagh 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. 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. 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 himself to evade his 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 petitioner 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 Judicial Magistrate-1st Class, Hazaribagh has neither recorded its ( 2026:JHHC:17406 ) 4 Cr. M.P. No.1668 of 2026 satisfaction that the petitioner is absconding or concealing herself to evade her arrest nor fixed any time or place for appearance of the petitioner, this Court has no hesitation in holding that the learned Judicial Magistrate-1st Class, Hazaribagh 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 requirement of law. Hence, the same is not sustainable in law and the continuation of the same will amount to abuse of process of law. Thus, this is a fit case where the order dated 13.05.2026 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Ichak P.S. Case No.146 of 2025 registered for the offences punishable under Section 103(1), 238 and 61(2) of the BNS, 2023 whereby and where the learned Judicial Magistrate-1st Class, Hazaribagh 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 qua the petitioner only. 7. Accordingly, the order dated 13.05.2026 passed by the learned Judicial Magistrate-1st Class, Hazaribagh in connection with Ichak P.S. Case No.146 of 2025 registered for the offences punishable under Section 103(1), 238 and 61(2) of the BNS, 2023 whereby and where the learned Judicial Magistrate-1st Class, Hazaribagh 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 qua the petitioner only. ( 2026:JHHC:17406 ) 5 Cr. M.P. No.1668 of 2026 8. The learned Judicial Magistrate-1st Class, Hazaribagh may pass a fresh order in accordance with law. 9. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 16th of June, 2026 AFR/ Abhiraj Uploaded on 22/06/2026