(2026:JHHC:3812) 1 Cr. M.P. No. 291 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 291 of 2026 Md. Helal, S/o Late Abbas Miyan, Age-22 years, R/o Village- Jangi, P.O.- Unta, P.S. Chatra, District- Chatra, Jharkhand ... Petitioner Versus The State of Jharkhand ... Opposite Party --------- For the Petitioner: Mr. Rahul Pandey, Advocate For the State: Mr. Shailendra Kr. Sinha, Spl. P.P. --------- PRESENT 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 Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dated 01.11.2025 (issuing process u/s 84 BNSS), passed by the Additional Sessions Judge-cum-Special Judge (POCSO Act), Chatra, passed in connection with Chatra (Sadar) P.S. Case No. 297 of 2025, registered under Sections 96, 65 and 3(5) of BNS and also under Section 4 of POCSO Act, whereby and whereunder the learned Special Judge has issued the proclamation under Sections 84 BNSS without fixing any time or place for appearance of the petitioner inter alia with the accused persons of this case. 3. The learned counsel for the petitioner has submitted that the learned Additional Sessions Judge-cum-Special Judge (POCSO Act) has failed to follow the mandatory provision of law by fixing the (2026:JHHC:3812) 2 Cr. M.P. No. 291 of 2026 time and place for appearance in the proclamation order and the same is not sustainable in law, therefore, the prayer as prayed for in the Cr.M.P., be allowed. 4. The learned Spl. P.P. on the other hand vehemently opposes the prayer and submits that the petitioner is expected to appear before the court concerned during court hours after 30 days of the proclamation, hence, the Cr.M.P. being without any merit, be dismissed. 5. Having heard the submissions made in the Bar and after going through the materials in the record it is pertinent to mention here that it is the settled principle of law that the Court which issues the written proclamation under Section 84 of the Bharatiya Nagarik Suraksha Sanhita after being satisfied that the accused person of the case is absconding or concealing himself to evade his arrest, must fix the time and place for appearance of the accused concerned in the order itself, by which such proclamation is issued. 6. 6. Now coming to the facts of the case the learned Additional Sessions Judge-cum-Special Judge (POCSO Act), Chatra has failed to mention the time and place for appearance of the petitioner who is one of the accused persons of the case in the said impugned order. Accordingly, this Court has no hesitation in holding that the impugned order is not sustainable in law so far as it relates to lack of application of judicial mind, hence, the order dated 01.11.20025, passed by the Additional Sessions Judge-cum-Special Judge, (2026:JHHC:3812) 3 Cr. M.P. No. 291 of 2026 POCSO, Chatra in connection with Chatra (Sadar) P.S. Case No. 297 of 2025, be quashed and set aside qua the petitioner only. 7. Learned Additional Sessions Judge-cum-Special Judge, POCSO, Chatra may pass a fresh order in accordance with law. 8. In the result, this Criminal Miscellaneous Petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated: February 10, 2026 N.A.F.R./Pramanik Uploaded on 17/02/2026.