Salim Akhtar @ Samim Akhtar @ Samir Akhtar @ Rinku Seikh aged about 40 v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.580 of 2020 ------ Salim Akhtar @ Samim Akhtar @ Samir Akhtar @ Rinku Seikh aged about 40 years, son of Yousuf Ali, resident of village and P.O. Harishpur, P.S. Murarrai, District Birbhum (West Bengal) … Petitioner Versus The State of Jharkhand … Opposite Party For the Petitioner For the State
Legal Reasoning
: Mr. Kaushik Sarkhel, Advocate : Mr. Suraj Deo Munda, Addl.P.P. ------ ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. Though this Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside three orders i.e. order dated 28.01.2019, 06.03.2019 and 16.04.2019; all orders passed by the learned Chief Judicial Magistrate, Jamtara in connection with Nala P.S. Case No.153 of 2013 corresponding to G.R. No.701 of 2013 but the petitioner does not press the prayer for quashing the order dated 28.01.2019 and confines his prayer to quash the order dated 06.03.2019 and 16.04.2019 passed in the said case. 3. Accordingly, the prayer for quashing the order dated 28.01.2019 is rejected as not pressed. 4. The brief facts of the case is that on 06.03.2019, the Investigating Officer of the case filed a petition through the A.P.P. for issuance of the proclamation under Section 82 of the Cr.P.C. and the learned Chief Judicial Magistrate, 1 Cr. M.P. No.580 of 2020 Jamtara without recording any satisfaction that the petitioner is absconding or concealing himself to evade his arrest, issued the said proclamation under Section 82 of Cr.P.C. without fixing any time or place for appearance of the petitioner and vide order dated 16.04.2019, the learned Chief Judicial Magistrate, Jamtara has ordered for issuance of attachment order of the property of the petitioner under Section 83 of Cr.P.C. 5. Learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. has been issued vide order dated 06.03.2019 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. that too without fixing any time and place for appearance of the petitioner and without any information available in the record that the proclamation under Section 82 Cr.P.C. was ever made, passed order for attachment of the property of the petitioner under Section 83 of Cr.P.C. without mentioning the property of the petitioner to be attached. Hence, it is submitted that the orders dated 06.03.2019 and 16.04.2019 passed by the learned Chief Judicial Magistrate, Jamtara in connection with Nala P.S. Case No.153 of 2013 corresponding to G.R. No.701 of 2013 pending in the court of learned Chief Judicial Magistrate, Jamtara; being not sustainable in law, be quashed and set aside. 6. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the orders dated 06.03.2019 and 16.04.2019 passed by the learned Chief Judicial Magistrate, Jamtara in connection with Nala P.S. Case No.153 of 2013 corresponding to G.R. No.701 of 2013 pending in the court of 2 Cr. M.P. No.580 of 2020 learned Chief Judicial Magistrate, Jamtara and submits that the very fact that the learned Chief Judicial Magistrate has issued the proclamation under Section 82 of Cr.P.C. and the order of attachment under Section 83 of Cr.P.C. itself shows that there were materials available in the record for the learned Chief Judicial Magistrate to be satisfied that there is justification for issuance of such proclamation and attachment order. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed. 7. 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. 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 petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Chief Judicial Magistrate, Jamtara 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 Chief Judicial Magistrate, Jamtara has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying with the mandatory requirements of law. Hence, the same is not sustainable in law and the continuation of the same 3 Cr. M.P. No.580 of 2020 will amount to abuse of process of law. Therefore, this is a fit case where the order dated 06.03.2019 be quashed and set aside. 8. Accordingly, the order dated 06.03.2019 passed by the learned Chief Judicial Magistrate, Jamtara in Nala P.S. Case No.153 of 2013 corresponding to G.R. No.701 of 2013, is quashed and set aside. 9. So far as the order dated 16.04.2019 is concerned, it is a settled principle of law that the court issuing proclamation under Section 82 of Cr.P.C. may for reasons to be recorded in writing at any time after the issue of proclamation, order for attachment of any property movable or immovable or both belonging to the proclaimed person. Now, in the absence of any material in the record to suggest that the proclamation under Section 82 of Cr.P.C. was in fact made in accordance with law, certainly the learned Chief Judicial Magistrate, Jamtara committed illegality by passing the order of attachment of property of the petitioner without mentioning the description of the property to be attached and without recording any reason in writing about the need for passing such order of attachment. Under such circumstances, this Court has no hesitation in holding that the order dated 16.04.2019 passed by the learned Chief Judicial Magistrate, Jamtara in Nala P.S. Case No.153 of 2013 corresponding to G.R. No.701 of 2013 is also not in accordance with law and continuation of the same will amount to abuse of process of law and this is a fit case where the order dated 16.04.2019 passed by the learned Chief Judicial Magistrate, Jamtara in Nala P.S. Case No.153 of 2013 corresponding to G.R. No.701 of 2013, be quashed and set aside. 4 Cr. M.P. No.580 of 2020 10. Accordingly, the order dated 16.04.2019 passed by the learned Chief Judicial Magistrate, Jamtara in Nala P.S. Case No.153 of 2013 corresponding to G.R. No.701 of 2013 is also quashed and set aside. 11. The learned Chief Judicial Magistrate, Jamtara may pass a fresh order in accordance with law. 12. 13.
Decision
In the result, this Cr.M.P. stands allowed to the aforesaid extent. In view of disposal of the instant Cr.M.P., the interim relief granted vide order dated 04.03.2020, is vacated. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 13th of September, 2024 AFR/ Animesh 5 Cr. M.P. No.580 of 2020