(2026:JHHC:18083) 1 Cr.M.P. No.1757 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1757 of 2026 Ashish Kumar, aged about 42 years, s/o Ashok Gupta, r/o 72, Bhawtarini Path, Behind Balbari School, Manaitand, P.O. & P.S.- Dhansar, Dist.-Dhanbad .... Petitioner Versus The State of Jharkhand …. Opp. Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Praveen Shankar Prasad, Advocate : Mr. Rishi Pallava, Advocate : Mr. Faiyaz Alam, Advocate For the State : Mr. V.K. Vashistha, Spl. P.P. ….. By the Court:- 1. Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the order dated 17.03.2026 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad P.S. Case No. 162 of 2024 involving the offences punishable under Section 406, 420, 467, 468 and 471 of the Indian Penal Code by which the learned Chief Judicial Magistrate, Dhanbad has issued the proclamation under Section 82 of Cr.P.C. fixing the appearance of the accused person-petitioner herein on 30.04.2026 or earlier at 07:30 am before her court. 3. Learned counsel for the petitioner submits that there is absolutely none application of mind on the part of the learned (2026:JHHC:18083) 2 Cr.M.P. No.1757 of 2026 Chief Judicial Magistrate, Dhanbad in passing the impugned order. It is next submitted by the learned counsel for the petitioner that there is no documentary evidence to show that the petitioner is evading arrest. It is further submitted by the learned counsel for the petitioner that the copy of the requisition has been received by the I.O. on 15.04.2026. It is then submitted by the learned counsel for the petitioner that the proclamation was pasted on 23.05.2026 and the same has been published in the local newspaper on 24.05.2026 therefore, the provision of Section 82 of Cr.P.C. has not been followed. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed. 4. Learned Spl. P.P. on the other hand vehemently opposes the prayer of the petitioner made in this criminal miscellaneous petition and submits that in the impugned order dated 17.03.2026 the learned Chief Judicial Magistrate, Dhanbad basing upon the case dairy submitted by the I.O. of the case was satisfied that though the police made several attempts to arrest the petitioner but the petitioner was not found present in his house and from the materials available in the record, the learned Chief Judicial Magistrate, Dhanbad was satisfied that the petitioner is absconding or concealing himself to evade his arrest and only after that she has order for issue of the proclamation under Section 82 of Cr.P.C. fixing the time and place for appearance of the petitioner who is the accused person of the case. It is next (2026:JHHC:18083) 3 Cr.M.P. No.1757 of 2026 submitted by learned Spl. P.P. that the proclamation that was made is a subsequent occurrence after passing the order dated 17.03.2026 hence, illegality, if any, in the subsequent occurrence cannot render the earlier order dated 17.03.2026 passed by the learned Chief Judicial Magistrate, Dhanbad illegal. Hence, it is submitted that there being no illegality in the impugned order, this criminal miscellaneous petition being without any merit be dismissed. 5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that in the impugned order dated 17.03.2026, the learned Chief Judicial Magistrate, Dhanbad has recorded her satisfaction that the petitioner is absconding or concealing himself to evade his arrest and after being so satisfied, she has directed issuance of the proclamation fixing the time and place for appearance of the petitioner so, there is absolutely no merit in the contention of the petitioner that the learned Chief Judicial Magistrate, Dhanbad issued the proclamation without application of mind in a mechanical manner. 6. So far as the contention of the petitioner that the proclamation was made within 30 days of the date fixed for the appearance in the court concerned, as specified in the impugned order is concerned, assuming for the sake of argument, the same to be true but even then, the same is a subsequent occurrence after the order dated 17.03.2026 was passed. Therefore, in the considered opinion (2026:JHHC:18083) 4 Cr.M.P. No.1757 of 2026 of this Court, the same cannot render the earlier order dated 17.03.2026 illegal. Thus, there being no illegality in the impugned order dated 17.03.2026 passed by the learned Chief Judicial Magistrate, Dhanbad, this Court is of the considered view that the same do not warrant interference of this Court in exercise of the power under Section 528 of B.N.S.S., 2023. 7. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 22nd June, 2026 AFR/Gunjan/- Uploaded on 23/06/2026