( 2026:JHHC:18900 ) 1 Cr. M.P. No.1803 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1803 of 2026 ------ Saurabh Kumar Dubey, aged about 22 years, S/o Upendra Dubey, R/o Village-Piprakala, P.O.-Saimaira, P.S.-Garhwa, District-Garhwa, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Rishu Ranjan, Advocate : Mr. Vishal Kr. Trivedi, Advocate : Mr. Jimmy Kumar, Advocate For the State : Ms. Anuradha Sahay, 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 the prayer to quash the order dated 13.05.2026 passed by the learned Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No.164 of 2026 registered for the offence punishable under Section 69 of the BNS, 2023 and under Section 3 of dowry prohibition Act whereby and where the learned Chief Judicial Magistrate, Garhwa has issued proclamation under Section 82 of the Code of Criminal Procedure. 3. Learned counsel for the petitioner submits that the case has been registered under the penal provision of inter alia under Section 69 of the BNS, 2023 for an occurrence which took place in the year 2026 after repealing of the Code of Criminal Procedure, but the process has been ( 2026:JHHC:18900 ) 2 Cr. M.P. No.1803 of 2026 issued against the petitioner under the provisions of Cr.P.C., though, the Cr.P.C. has been repealed by Section 531 of BNSS, 2023, hence, it is submitted that the impugned order being not sustainable in law, the same be quashed and set aside. 4. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 13.05.2026 passed by the learned Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No.164 of 2026 registered for the offences punishable under Section 69 of the BNS, 2023 and under Section 3 of dowry prohibition Act whereby and where under the learned Chief Judicial Magistrate, Garhwa has issued proclamation under Section 82 of the Code of Criminal Procedure and submits that the process be treated as one under Section 84 of the BNSS, 2023 and there being no other illegality, 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, it is pertinent to mention here that in view of the section 4 of the BNSS, 2023, the procedural law which is applicable to the FIR which has been registered inter alia for the offences punishable under Section 69 of the BNS, 2023, but the learned Chief Judicial Magistrate, Garhwa having ordered of issuance of the proclamation under Section 82 of Cr.P.C.; the same is not sustainable in law and the continuation of the same will amount to abuse of process of law and this is a fit case where the order dated 13.05.2026 passed by the learned Chief Judicial Magistrate, Garhwa ( 2026:JHHC:18900 ) 3 Cr. M.P. No.1803 of 2026 in connection with Garhwa P.S. Case No.164 of 2026 registered for the offences punishable under Section 69 of the BNS, 2023 and under Section 3 of dowry prohibition Act whereby and where under the learned Chief Judicial Magistrate, Garhwa has issued proclamation under Section 82 of the Code of Criminal Procedure, be quashed and set aside qua the petitioner only. 6. Accordingly, the order dated 13.05.2026 passed by the learned Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No.164 of 2026 registered for the offence punishable under Section 69 of the BNS, 2023 and under Section 3 of dowry prohibition Act whereby and where the learned Chief Judicial Magistrate, Garhwa has issued proclamation under Section 82 of the Code of Criminal Procedure, is quashed and set aside qua the petitioner only. 7. The learned Chief Judicial Magistrate, Garhwa may pass a fresh order in accordance with law. 8. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 29th of June, 2026 AFR/ Abhiraj Uploaded on 01/07/2026