[2026:JHHC:21933] 1 Cr. M.P. No.2172 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2172 of 2026 ------ Vijay Mishra @ Biju @ Bijay Mishra, aged about 53 years, S/o Chandra Mohan Mishra, R/o- Champa Nagar, Nawadih, P.O.- Tilra, P.S. Ichak, Dist.- Hazaribagh. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Abhishek Kumar Dubey, Advocate. For the State : Mrs. Prabir Kumar Chatterjee, Spl.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 with the prayer to quash the order dated 20.08.2025 passed by the learned Judicial Magistrate, 1st Class, Hazaribagh in connection with G(F) Case No. 404 of 2013 whereby and whereunder the learned Judicial Magistrate, 1st Class, Hazaribagh without recording his satisfaction that the petitioner is absconding and concealing himself to evade his arrest, has directed issuance of process under Section 82 of the Cr.P.C. without fixing any time and place for the appearance of the petitioner. It is next submitted that the impugned order is not sustainable in law; hence, the order dated 20.08.2025 passed by the learned Judicial Magistrate, 1st Class, Hazaribagh in connection with G(F) Case No. 404 of 2013 be quashed and set aside. 3. Learned Special Public Prosecutor on the other hand submits the very fact that learned Judicial Magistrate, 1st Class, Hazaribagh issued the [2026:JHHC:21933] 2 Cr. M.P. No.2172 of 2026 proclamation under Section 82 of the Cr.P.C. itself goes to show that there were sufficient materials in the record for the learned Judicial Magistrate, 1st Class, Hazaribagh to be satisfied that there are sufficient materials for the issuance of proclamation under Section 82 of the Cr.P.C. Hence, it is submitted that this Cr.M.P. being without any merit be dismissed. 4. 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 proclamation under Section 82 of the Cr.P.C. must record its satisfaction that the accused-person of the case in respect of whom such proclamation has been made is absconding or concealing himself to evade his arrest and in case the Court decides to issue proclamation under Section 82 of the Cr.P.C., it must mention the time and place for appearance of the accused person concerned, in the order itself by which the proclamation under Section 82 of the Cr.P.C., has been directed to be issued. 5. Now coming to the facts of the case, this Court finds that learned Judicial Magistrate, 1st Class, Hazaribagh has neither recorded his satisfaction that the petitioner who is the accused person of the case concerned was absconding and concealing himself to evade his arrest nor it has fixed the time and place for appearance of the petitioner. Under such circumstances, this Court has no hesitation in holding that the order dated 20.08.2025 passed by the learned Judicial Magistrate, 1st Class, Hazaribagh in G (F) Case No. 404 of 2013 is not sustainable in law. Accordingly, order dated 20.08.2025 passed by the learned Judicial [2026:JHHC:21933] 3 Cr. M.P. No.2172 of 2026 Magistrate, 1st Class, Hazaribagh in G (F) Case No. 404 of 2013 is quashed and set aside. 6. In the result, this criminal miscellaneous petition is allowed. 7. Learned Judicial Magistrate, 1st Class, Hazaribagh is directed to pass a fresh order in accordance with law. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi. Dated the 22nd July, 2026 AFR/ Amar Uploaded on-29/07/2026