[2026:JHHC:20140] 1 Cr. M.P. No.1966 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1966 of 2026 ------ Rakesh Tiwary @ Rakesh Kumar Tiwary, aged about 30 years, Son of – Santosh Tiwary, Resident of – Behind of Bhagwati Hospital, P.O. and P.S.- Daltonganj Town, District- Palamau. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate Mr. Rajesh Kr. Singh, Advocate For the State : Mrs. Shweta Singh, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dated 29.05.2026 passed by the learned Chief Judicial Magistrate, Palamau in connection with Town (Daltonganj) P.S. Case No. 141 of 2026 whereby and where under the learned Chief Judicial Magistrate, Palamau has directed to issue the process under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 which corresponds to Section 82 of the Code of Criminal Procedure. 3. The brief fact of the case is that on 29.05.2026, the Investigating Officer of the case filed a petition before the learned Chief Judicial Magistrate, Palamau for issue of the process under Section 84 of the [2026:JHHC:20140] 2 Cr. M.P. No.1966 of 2026 Bharatiya Nagarik Suraksha Sanhita, 2023 against the petitioner and three other accused persons of the case. The petitioner and the co- accused persons of the case are accused of having committed the offences punishable under Section 140(1), 140(2), 140(3), 61(2) of the Bharatiya Nyaya Sanhita, 2023. Earlier, non-bailable warrant of arrest was issued against them and the Investigating Officer conducted raid on three different dates but found that the petitioner and the co-accused persons were deliberately evading their presence before the police and on the basis of the materials placed before the learned Chief Judicial Magistrate, Palamau including the case-diary, the learned Chief Judicial Magistrate, Palamau recorded his satisfaction that the accused persons of the case including the petitioner are evading their arrest and deliberately taking away themselves from the clutch of police in the process of law to hamper the investigation and after recording such satisfaction, directed for issue of the process under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 fixing 10.07.2026 for appearance of the petitioner before the court concerned. 4. Learned counsel for the petitioner submits that the impugned order has been passed by non-application of judicial mind in most mechanical manner without recording any subjective satisfaction. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 5. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that the learned Chief Judicial [2026:JHHC:20140] 3 Cr. M.P. No.1966 of 2026 Magistrate, Palamau, has in no uncertain manner, recorded his satisfaction that the petitioner and the co-accused persons are evading their arrest and deliberately taking themselves away from the clutch of the police in the process of law to hamper the investigation and after recording such satisfaction, fixed the time and place for the appearance of the accused persons of the case including the petitioner; so, there is absolutely no illegality in the impugned order. 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, this Court finds that in the impugned order dated 29.05.2026 passed by the learned Chief Judicial Magistrate, Palamau in connection with Town (Daltonganj) P.S. Case No. 141 of 2026, the learned Chief Judicial Magistrate, Palamau, has in no uncertain manner, recorded his satisfaction that the petitioner is evading his arrest and deliberately taking away himself from the clutch of the police and the process of law to hamper the investigation and after thus recording satisfaction, has directed to issue the process under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 fixing the time and place for appearance of the accused persons in respect of the process under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Therefore, this Court do not find any illegality in the impugned order dated 29.05.2026 passed by the learned Chief Judicial Magistrate, Palamau in connection with Town (Daltonganj) P.S. Case No. 141 of 2026, warranting interference of this [2026:JHHC:20140] 4 Cr. M.P. No.1966 of 2026 Court in exercise of its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 08th of July 2026 AFR/ Saroj Uploaded on 09/07/2026