(2026:JHHC:20593) Cr.M.P. No.2028 of 2026 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2028 of 2026 Md. Bablu Hossain @ Md. Bablu Hussain, aged about 45 years, s/o Md. Idrish Ali, r/o Ramnagar, Gazole No. 7, P.S. & P.O.-Bairgachhi, Dist.-Malda, West Bengal .... 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. Lukesh Kumar, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl. 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 25.05.2026 passed by the learned Judicial Magistrate 1st Class, Godda in connection with Mahagama P.S. Case No.189 of 2020 whereby and where under, the learned Judicial Magistrate 1st Class, Godda has issued the proclamation under Section 82 Cr.P.C. without fixing any time and place for appearance of the petitioner; who is the accused person of the said case. 3. It is submitted by the learned counsel for the petitioner that since no time and place for appearance of the petitioner has been mentioned in the impugned order dated 25.05.2026, the same is not (2026:JHHC:20593) Cr.M.P. No.2028 of 2026 2 sustainable in law. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 4. Learned Additional Public Prosecutor on the other hand opposes the prayer and submits that the very fact that the learned Judicial Magistrate 1st Class, Godda has issued the proclamation under Section 82 of Cr.P.C. itself goes to show that the petitioner was to appear in the court concerned one month after the proclamation so no illegality has been committed by the learned Judicial Magistrate 1st Class, Godda in passing the impugned order dated 25.05.2026. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 5. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that by now it is a settled principle of law that the court which issues the proclamation under Section 82 of Cr.P.C. must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under Section 82 of Cr.P.C., it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above, since the learned Judicial Magistrate 1st Class, Godda has not fixed any time or place for appearance of the petitioner, who is the accused person of this case, this Court has no hesitation in holding that the learned Judicial Magistrate 1st Class, Godda has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying the mandatory (2026:JHHC:20593) Cr.M.P. No.2028 of 2026 3 requirements of law. Hence, 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 25.05.2026 passed by the learned Judicial Magistrate 1st Class, Godda in connection with Mahagama P.S. Case No.189 of 2020 be quashed and set aside. 6. Accordingly, the order dated 25.05.2026 passed by the learned Judicial Magistrate 1st Class, Godda in connection with Mahagama P.S. Case No.189 of 2020, is quashed and set aside. 7. The learned Judicial Magistrate 1st Class, Godda 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 the 13th July, 2026 AFR/Gunjan/- Uploaded on 14/07/2026