[2026:JHHC:21277] 1 Cr. M.P. No.2127 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2127 of 2026 ------ Rohit Kumar Singh @ Rohit Singh, aged about 54 years, son of Late R. D. Singh, resident of 05, Govind Nagar, K.D. Flat No. 09, P.O. & P.S. Kadma, Dist. East Singhbhum. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Rajesh Kumar, Advocate Mr. Ramesh Kumar, Advocate For the State : Ms. Kumari Rashmi, 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 inter alia with the prayer to quash the orders dated 29.06.2017, 26.08.2017, 18.07.2018 and 29.11.2018 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with G.R. Case No. 468 of 2013 corresponding to Bistupur P.S. Case No. 56 of 2013 involving the offences punishable under Sections 406, 420, 418 and 34 of the Indian Penal Code by which non-bailable warrant of arrest, the proclamation under Section 82 of the Code of Criminal Procedure, the attachment order of property under Section 83 of the Code of Criminal Procedure have been issued and the petitioner has been declared absconder and permanent warrant of arrest has been issued respectively; inter alia against the petitioner. [2026:JHHC:21277] 2 Cr. M.P. No.2127 of 2026 3. At the outset, the learned counsel for the petitioner does not press the prayer to quash the order dated 29.06.2017 and also the order dated 18.07.2018 passed in the said case, as no property of the petitioner has been attached as yet and submits that the petitioner confines his prayer only to quash the orders dated 26.08.2017 and 29.11.2018 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with G.R. Case No. 468 of 2013 corresponding to Bistupur P.S. Case No. 56 of 2013. 4. Accordingly, the prayer to quash the orders dated 29.06.2017 and 18.07.2018 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with G.R. Case No. 468 of 2013 corresponding to Bistupur P.S. Case No. 56 of 2013, is rejected as not pressed. 5. So far as the order dated 26.08.2017 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in the said case is concerned, learned counsel for the petitioner submits that since the learned Judicial Magistrate 1st Class, Jamshedpur without recording any satisfaction that the petitioner is absconding or concealing himself to evade his arrest, has issued the proclamation under Section 82 of the Code of Criminal Procedure without fixing any time and place for appearance of the petitioner, who is one of the accused persons of the case in respect of whom such order has been passed, therefore, the said order is not in accordance with law. Hence, it is submitted that the order dated 26.08.2017 be quashed and set aside. [2026:JHHC:21277] 3 Cr. M.P. No.2127 of 2026 6. So far as the order dated 29.11.2018 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in the said case is concerned, learned counsel for the petitioner submits that the condition precedent for declaring a person absconder and issuing permanent warrant of arrest is that it must be proved before the court concerned that the accused has absconded and there is no immediate prospect of arresting him but in this case, there being no material in the record to suggest that there is no immediate prospect for arresting the petitioner, the learned Judicial Magistrate 1st Class, Jamshedpur committed a grave illegality in declaring him absconder and having issued permanent warrant of arrest. It is further submitted that therefore, the said order is not in accordance with law. Hence, it is submitted that the order dated 29.11.2018 be quashed and set aside. 7. 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 the very fact that learned Judicial Magistrate 1st Class, Jamshedpur has issued the proclamation under Section 82 of the Code of Criminal Procedure and permanent warrant of arrest against the petitioner; goes to show that there were sufficient materials available in the record for the learned Judicial Magistrate 1st Class, Jamshedpur to be satisfied for issuance of the said proclamation and the permanent warrant of arrest. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. [2026:JHHC:21277] 4 Cr. M.P. No.2127 of 2026 8. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record; so far as the order dated 26.08.2017 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with G.R. Case No. 468 of 2013 corresponding to Bistupur P.S. Case No. 56 of 2013 is concerned, 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 the Code of Criminal Procedure, must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue the proclamation under Section 82 of the Code of Criminal Procedure, it must specifically mention the time and place for appearance of the accused person of the case in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure is issued, in the order itself by which the said proclamation is issued. 9. As already indicated above since the learned Judicial Magistrate 1st Class, Jamshedpur 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 who is the accused person of the case; hence, this Court has no hesitation in holding that the learned Judicial Magistrate 1st Class, Jamshedpur has committed illegality by issuing the said proclamation under Section 82 of the Code of Criminal Procedure without complying the mandatory requirements of law. Therefore, the same is not sustainable in law and [2026:JHHC:21277] 5 Cr. M.P. No.2127 of 2026 the continuation of the same will amount to abuse of process of law. Hence, this is a fit case where the order dated 26.08.2017 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with G.R. Case No. 468 of 2013 corresponding to Bistupur P.S. Case No. 56 of 2013, be quashed and set aside against the petitioner named above. 10. Accordingly, the order dated 26.08.2017 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with G.R. Case No. 468 of 2013 corresponding to Bistupur P.S. Case No. 56 of 2013, is quashed and set aside against the petitioner named above. 11. So far as the order dated 29.11.2018 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with G.R. Case No. 468 of 2013 corresponding to Bistupur P.S. Case No. 56 of 2013 is concerned, it is a settled principle of law that before exercising the power under Section 299 of the Code of Criminal Procedure, it is necessary that all conditions prescribed must be strictly complied with namely the court must be satisfied that the accused has absconded or that there is no immediate prospect of arresting him, as has been held by the Hon’ble Supreme Court of India in the case of Nirmal Singh vs. State of Haryana, reported in (2000) 4 SCC 41. 12. Now coming to the facts of the case, perusal of the record reveals that there is absolutely no material available in the record to suggest that the petitioner has absconded or that there is no immediate prospect of arresting him. In the absence of that certainly, the learned Judicial Magistrate 1st Class, Jamshedpur has committed a grave illegality by declaring the petitioner to be an absconder and issuing the [2026:JHHC:21277] 6 Cr. M.P. No.2127 of 2026 permanent warrant of arrest. Hence, this Court is of the considered view that the order dated 29.11.2018 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with G.R. Case No. 468 of 2013 corresponding to Bistupur P.S. Case No. 56 of 2013, being not sustainable in law and the same be quashed and set aside. 13. Accordingly, the order dated 29.11.2018 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with G.R. Case No. 468 of 2013 corresponding to Bistupur P.S. Case No. 56 of 2013, is quashed and set aside against the petitioner named above. 14. The learned Judicial Magistrate 1st Class, Jamshedpur may pass a fresh order in accordance with law. 15. In the result, this Criminal Miscellaneous Petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th of July, 2026 AFR/ Saroj Uploaded on 20/07/2026