(2026:JHHC:5941 ) 1 Cr. M.P. No.561 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.561 of 2026 ------ 1. Intaj Ansari aged about 28 years, son of Hatim Ansari 2. Mantaj Ansari, aged about 25 years, son of Hatim Ansari, 3. Hatim Ansari @ Lalo, aged about 50 years, son of Siddik Ansari All are residents of village- Lokaniya, P.O.- Pabia, P.S.- Narayanpur, District- Jamtara … Petitioners Versus The State of Jharkhand … Opposite Party ------ For the Petitioners : Mr. Randhir Kumar, Advocate For the State : Mr. Arup Kr. Dey, 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 with the prayer to quash the order dated 16.12.2025 passed by the learned Judicial Magistrate-1st Class, Koderma in connection with Nawalshahi P.S. Case No.11 of 2021 whereby and where under the proclamation under Section 82 of Cr.P.C. has been issued against the petitioner by the learned Judicial Magistrate-1st Class, Koderma . 3. Learned counsel for the petitioner submits that the impugned order dated 16.12.2025 passed by the learned Judicial Magistrate-1st Class, Koderma in connection with Nawalshahi P.S. Case No.11 of 2021 (2026:JHHC:5941 ) 2 Cr. M.P. No.561 of 2026 is not in accordance with law as the same has been passed without following the due process of law by neither recording any satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixing any time or place for appearance of the petitioner who is the accused person of the case concerned. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed. 4. Learned Addl. P. P. on the other hand vehemently opposes the prayer of the petitioners made in the instant Cr.M.P. and submits that the very fact that the learned Judicial Magistrate-1st Class, Koderma has issued the proclamation under Section 82 of Cr.P.C. goes to show that there were sufficient materials available in the record for the learned Judicial Magistrate-1st Class, Koderma to be satisfied that there is justification for issuance of such proclamation. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed. 5. 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 the 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 accused in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated (2026:JHHC:5941 ) 3 Cr. M.P. No.561 of 2026 above since the learned Judicial Magistrate-1st Class, Koderma 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, Koderma has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying 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 and this is a fit case where the order dated 16.12.2025 passed by the learned Judicial Magistrate-1st Class, Koderma in connection with Nawalshahi P.S. Case No.11 of 2021 be quashed and set aside. 6. Accordingly, the order dated 16.12.2025 passed by the learned Judicial Magistrate-1st Class, Koderma in connection with Nawalshahi P.S. Case No.11 of 2021, is quashed and set aside. 7. The learned Judicial Magistrate-1st Class, Koderma may pass a fresh order in accordance with law. 8. Accordingly, this Criminal Miscellaneous Petition, is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 27th of February, 2026 AFR/ Animesh Uploaded on- 28/02/2026