( 2026:JHHC:21257 ) 1 Cr. M.P. No.2088 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2088 of 2026 ------ Sanjeev Kumar Gupta, aged about 42 years, S/o Ram Kailash Prasad, R/o At Jubilee Chowk, Tapakhas, Ward No.9, Latehar, PO & PS-Latehar, Dist.-Latehar, State Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Sheo Kr. Singh, Advocate For the State : Mr. Manoj Kr. Mishra, 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 twin prayers but at the outset, the learned counsel for the petitioner submits that the petitioner does not press the prayer to quash the order dated 22.12.2025 passed by the learned Judicial Magistrate-1st Class-XXIV, Ranchi in connection with Ratu P.S. Case No.303 of 2024 by which the non-bailable warrant of arrest has been issued against the petitioner, accordingly, the same is rejected as not pressed. 3. Learned counsel for the petitioner submits that the petitioner confines his prayer only to quash the order dated 12.05.2026 passed by the learned Judicial Magistrate-1st Class-XXIV, Ranchi in connection with Ratu P.S. Case No.303 of 2024 whereby and where the learned Judicial Magistrate-1st Class-XXIV, Ranchi has issued proclamation under Section ( 2026:JHHC:21257 ) 2 Cr. M.P. No.2088 of 2026 82 of the Code of Criminal Procedure though the case was registered for the offences punishable under the penal provisions of BNS in violation of the Section 4 of the BNSS, 2023. 4. Learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. has been issued vide order dated 12.05.2026 without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing himself to evade his arrest which is a sine qua non for issuing proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023, that too without fixing any time and place for appearance of the petitioner, who is the accused person of the said case. Hence, it is submitted that the order dated 12.05.2026 passed by the learned Judicial Magistrate-1st Class-XXIV, Ranchi in connection with Ratu P.S. Case No.303 of 2024 whereby and where the learned Judicial Magistrate-1st Class-XXIV, Ranchi has issued proclamation under Section 82 of the Code of Criminal Procedure, be allowed. 5. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 12.05.2026 passed by the learned Judicial Magistrate-1st Class-XXIV, Ranchi in connection with Ratu P.S. Case No.303 of 2024 whereby and where the learned Judicial Magistrate- 1st Class-XXIV, Ranchi has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023 and submits that order dated 12.05.2026 be treated to have been passed in exercise of the power under Section 84 of the BNSS, 2023 and ( 2026:JHHC:21257 ) 3 Cr. M.P. No.2088 of 2026 since the proclamation has been issued, the petitioner is expected to appear before the court concerned during the court hours after 30 days of the proclamation. 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, 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. which corresponds to Section 84 of the BNSS, 2023 must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 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. which corresponds to Section 84 of the BNSS, 2023 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. which corresponds to Section 84 of the BNSS, 2023 is issued. As already indicated above since the learned Judicial Magistrate-1st Class-XXIV, Ranchi has neither recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time or place for appearance of the petitioner, this Court has no hesitation in holding that the learned Judicial Magistrate-1st Class-XXIV, Ranchi has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 without complying the mandatory ( 2026:JHHC:21257 ) 4 Cr. M.P. No.2088 of 2026 requirements of law. Further, this Court finds that there is violation of Section 4 of the BNSS which envisages that all offences punishable under the BNS, 2023 shall be investigated, inquired into, tried and otherwise dealt with according to the provisions contained in the BNSS,2023. 7. Now coming to the facts of the case, the undisputed facts remains that the FIR was registered on 12.09.2024 in respect of the offences punishable under the penal provision of BNS, 2023 as already indicated above. 8. Under such circumstances, the court concerned ought to have exercised the power as per the provision of BNSS, 2023 and thus, the learned Judicial Magistrate-1st Class-XXIV, Ranchi has also committed an illegality by ordering for issuance of proclamation under Section 82 of Cr.P.C., 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 12.05.2026 passed by the learned Judicial Magistrate-1st Class-XXIV, Ranchi in connection with Ratu P.S. Case No.303 of 2024 whereby and where the learned Judicial Magistrate-1st Class-XXIV, Ranchi has issued proclamation under Section 82 of the Code of Criminal Procedure, be quashed and set aside qua the petitioner only. 9. Accordingly, the order dated 12.05.2026 passed by the learned Judicial Magistrate-1st Class-XXIV, Ranchi in connection with Ratu P.S. Case No.303 of 2024 whereby and where the learned Judicial Magistrate- 1st Class-XXIV, Ranchi has issued proclamation under Section 82 of the ( 2026:JHHC:21257 ) 5 Cr. M.P. No.2088 of 2026 Code of Criminal Procedure is quashed and set aside qua the petitioner only. 10. The learned Judicial Magistrate-1st Class-XXIV, Ranchi may pass a fresh order in accordance with law. 11. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th of July, 2026 AFR/ Abhiraj Uploaded on 20/07/2026