[2026:JHHC:19864] 1 Cr. M.P. No.1929 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1929 of 2026 ------ 1. Kadir Miya aged about 63 years, S/o Late Babujan Miya. 2. Ayasa Bibi @ Aaysha Bibi aged about 63 years, W/o Kadir Miya, both r/o Village- Harlatanr, P.O.- Manjhladih, P.S. & Dist.-Jamtara. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Nityanad Prasad Choudhary, Advocate. For the State : Mr. Pankaj Kumar Mishra, A.P.P. For the Informant : Mr. Panita Mandal, Advocate. ------ 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 B.N.S.S., 2023 inter alia with the prayer to quash the order dated 19.05.2026 passed by the learned Chief Judicial Magistrate, Jamtara arising out of Jamtara P.S. Case No. 15 of 2026 whereby and whereunder learned Chief Judicial Magsitrate, Jamtara issued process under Section 84 of the B.N.S.S. against the petitioners were the accused persons of that case involving the offence punishable under Section 80/3(5) of the B.N.S., 2023. 3. The brief facts of the case is that on 19.05.2026, the investigating officer of the case submitted the execution report of the N.B.W. intimating therein that though the police raided the house of the petitioners on four different dates which have been mentioned in the impugned order and requested for issuance of proclamation under Section 84 of the B.N.S.S., the learned Chief Judicial Magistrate, Jamtara on the basis of the materials placed before him, was satisfied that the [2026:JHHC:19864] 2 Cr. M.P. No.1929 of 2026 petitioners are absconding and concealing themselves to evade their arrest and directed for issuance of the proclamation under Section 84 of the B.N.S.S. and fixed the date 10.07.2026 for the appearance of the petitioners before his court; who are the accused persons of the case. 4. It is submitted by the learned counsel for the petitioners that the petitioners have no knowledge regarding the proclamation issued under Section 84 of the B.N.S.S., 2023 as they have never been served any notice, bailable warrant or N.B.W issued by the learned Chief Judicial Magistrate, Jamtara regarding this case. It is next submitted that the impugned order is bad in law and misuse of power of law. Hence, it is submitted that the prayer as prayed for in this Cr.M.P., be allowed. 5. The learned Additional Public Prosecutor assisted by the learned counsel for the informant on the other hand vehemently opposes the prayer of the petitioners made in this Cr.M.P. and submits that there is absolutely no illegality in the impugned order, by which the proclamation under Section 84 of the B.N.S.S., 2023 has been issued. Hence, it is submitted that this Cr.M.P., 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 the learned Chief Judicial Magistrate, Jamtara after being satisfied that the petitioners are absconding and concealing himself to evade his arrest and upon the material placed before him by the investigating officer, has directed for issuance of proclamation under Section 84 of the B.N.S.S. for appearance of the accused persons of this case before the court concerned on 10.07.2026. This Court, after going [2026:JHHC:19864] 3 Cr. M.P. No.1929 of 2026 through the impugned order, finds that there is no illegality in the impugned order dated 19.05.2026 passed by the learned Chief Judicial Magistrate, Jamtara arising out of Jamtara P.S. Case No. 15 of 2026, warranting interference of this court in exercise of its power under Section 528 of the B.N.S.S., 2023. 7. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 06th July, 2026 AFR/ Amar Uploaded on 10/07/2026