(2026:JHHC:21839) Cr.M.P. No.1662 of 2026 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1662 of 2026 Ayan Shekh @ Md. Shakir, aged about 29 years, son of Rustam Ali, resident of Village-Baghakol, P.O.-Baghakol, P.S.-Basantria, Dist.- Godda, Jharkhand .... Petitioner Versus The State of Jharkhand …. Opp. Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners : Mr. Jitendra S. Singh, Sr. Advocate : Mr. Vinay Kr. Tiwary, Advocate For the State : Mrs. Priya Shrestha, Spl. P.P. (Through Video Conferencing) ….. By the Court:- I.A. No.9931 of 2026 1. Heard the parties. 2. This interlocutory application has been filed with the prayer for early hearing of this criminal miscellaneous petition. 3. Since, hearing of this criminal miscellaneous petition is taken up today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.) Cr.M.P. No. 1662 of 2026 1. Heard the parties. (2026:JHHC:21839) Cr.M.P. No.1662 of 2026 2 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with twin prayers to quash the orders dated 25.04.2026 and 18.05.2026 passed by the learned Judicial Magistrate 1st Class, Godda in connection with Basantrai P.S. Case No.18 of 2026, whereby and where under, respectively process under Section 84 of B.N.S.S. and the process under Section 85 of B.N.S.S. have been issued against the petitioner. 3. At the outset, learned Senior Advocate appearing for the petitioner submits that the petitioner does not press the prayer to quash the order dated 18.05.2026 and confines the prayer only to quash the order dated 25.04.2026. 4. Accordingly, the prayer to quash the order dated 18.05.2026 passed in the said Basantrai P.S. Case No.18 of 2026 is rejected as not pressed. 5. So far as the order dated 25.04.2026 is concerned, learned Senior Advocate appearing for the petitioner submits that the said order has been passed without fixing any time and place for appearance of the petitioner who is the accused person of the case; therefore, the same is not sustainable in law. Hence, it is submitted that the same be quashed and set aside. 6. Learned Special Public Prosecutor on the other hand opposes the prayer and submits that since the process under Section 84 of B.N.S.S. has already been issued, the petitioner is expected to appear in the court concerned during the court hours after 30 days of the proclamation. Hence, it is submitted that there is no illegality in the (2026:JHHC:21839) Cr.M.P. No.1662 of 2026 3 order dated 25.04.2026; hence, this criminal miscellaneous petition being without any merit be dismissed. 7. 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 84 of B.N.S.S. must record its satisfaction that the accused in respect of whom the proclamation under Section 84 of B.N.S.S. is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under Section 84 of B.N.S.S., it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 84 of B.N.S.S. 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 84 of B.N.S.S. without complying with the mandatory 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. Therefore, this is a fit case where the order dated 25.04.2026 passed by the learned Judicial Magistrate 1st Class, Godda in connection with Basantrai P.S. Case No.18 of 2026 be quashed and set aside. 8. Accordingly, the order dated 25.04.2026 passed by the learned Judicial Magistrate 1st Class, Godda in connection with Basantrai P.S. Case No.18 of 2026, is quashed and set aside. (2026:JHHC:21839) Cr.M.P. No.1662 of 2026 4 9. The learned Judicial Magistrate 1st Class, Godda may pass a fresh order in accordance with law. 10. In the result, this criminal miscellaneous petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 23rd July, 2026 AFR/Gunjan/- Uploaded on 24/07/2026