The High Court
Case Details
Cr. M.P. No.800 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.800 of 2023 ------ Sarita Kumari, aged about 32 years, D/o Abhiram Lohra, resident of village- Talmi, P.O. & P.S. Jariyagarh (Kara), District- Khunti [Jharkhand] … Petitioner Versus The State of Jharkhand … Opposite Party For the Petitioner For the State ------
Legal Reasoning
: Mr. Rajeeva Kumar, Advocate : Mr. Prabhu D. Agrawal, 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 482 of the Code of Criminal Procedure with a prayer to quash the order dated 23.11.2022 passed by learned Judicial Magistrate-XXVII, Ranchi whereby and where under the learned Judicial Magistrate directed to issue proclamation under Section 82 of Cr.P.C. without execution report of warrant of arrest in connection with Jagarnathpur P.S. Case No.95 of 2016 (S) corresponding to G.R. No.1816 of 2016 involving the offence punishable under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A. Act and the said case is now pending in the court of learned J.M.F.C.-XXVII, Ranchi. 3. Perusal of the record reveals that on 23.11.2022, the Investigating Officer filed an application before the learned Judicial Magistrate intimating the court that inter alia the petitioner who is an accused person of the said case; is evading her arrest and though she is not named in the F.I.R. yet during the investigation her involvement in the offence was found to be true. The Investigating Officer raided the house of the petitioner for her arrest but she 1 Cr. M.P. No.800 of 2023 deliberately evaded her arrest. Hence, the Investigating Officer prayed for issuance of proclamation under Section 82 of the Cr.P.C. The learned Magistrate discussed the law regarding issue of proclamation under Section 82 of Cr.P.C. and from the materials placed before it; was satisfied that inter alia the petitioner is deliberately absconding so that warrant of arrest could not be executed and though police raided her house several time but as she is deliberately absconding, hence, warrant of arrest issued against her could not be executed and police could not secure her appearance. From the materials placed before it the learned Magistrate considered that the proclamation under Section 82 of Cr.P.C. was also earlier once issued on 05.09.2018 but the same was misplaced somewhere, by the previous Investigating Officer without proclamation of the same, hence, the same could not be executed and considering the circumstances of the case the learned Magistrate became satisfied about the justification for issuance of proclamation under Section 82 of Cr.P.C. inter alia against the petitioner and directed issuance of proclamation under Section 82 of Cr.P.C. inter alia against the petitioner-accused of the said case before it and directed the petitioner and others to appear before it on 23.12.2022 at 11:00 am in the court. 4. Learned counsel for the petitioner submits that the petitioner is a widow and living at Ranchi. The learned Magistrate treated the averments in the case- diary without looking into the case record in order to be satisfied as to when the warrant of arrest was actually issued. The learned Magistrate has failed to see para-21 of the judgment in the case of Md. Rustum Alum @ Rustam vs. The State of Jharkhand passed in Cr.M.P. No.2722 of 2019 dated 27.04.2020 which was quoted by the learned Magistrate. It is next submitted that the petitioner filed Criminal Revision No.433 of 2022 which was dismissed vide order dated 23.01.2023 by the Additional Judicial Commissioner-VII, Ranchi. 2 Cr. M.P. No.800 of 2023 The petitioner was never made aware about warrant of arrest issued against her and no warrant of arrest was issued against her from the Superintendent of Police as it was outside the jurisdiction of Ranchi Court as defined under Section 78 of the Cr.P.C. Hence, it is submitted that the order dated 23.11.2022 passed by learned Judicial Magistrate-XXVII, Ranchi whereby and where under the learned Judicial Magistrate directed to issue proclamation under Section 82 of Cr.P.C. without execution report of warrant of arrest in connection with Jagarnathpur P.S. Case No.95 of 2016 (S) corresponding to G.R. No.1816 of 2016 which is now pending in the court of learned J.M.F.C.-XXVII, Ranchi, be quashed and set aside. 5. Learned Spl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 23.11.2022 passed by learned Judicial Magistrate- XXVII, Ranchi whereby and where under the learned Judicial Magistrate directed to issue proclamation under Section 82 of Cr.P.C. without execution report of warrant of arrest in connection with Jagarnathpur P.S. Case No.95 of 2016 (S) corresponding to G.R. No.1816 of 2016 which is now pending in the court of learned J.M.F.C.-XXVII, Ranchi and submits that the warrant of arrest was issued against the petitioner vide order dated 25.08.2017. It is next submitted that the provision for a warrant to be executed outside the local jurisdiction of the court through the District Superintendent of Police is not a mandatory provision as Section 78 of Cr.P.C. , which reads as under:- “78. Warrant forwarded for execution outside jurisdiction.—(1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided. (2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of the information against the person 3 Cr. M.P. No.800 of 2023 to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 81 to decide whether bail should or should not be granted to the person.” envisages that the court may either direct the warrant to the police officer within its jurisdiction or it may forward it by court or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of court jurisdiction and in this case the learned Magistrate having directed warrant to the police officer cannot be said to be illegal. 6. It is next submitted that there is ample materials in the record to suggest that the petitioner is absconding and concealing herself to evade her arrest and the learned Magistrate having recorded its satisfaction of the same and having complied all the requirements of law, issued the proclamation under Section 82 of Cr.P.C.. It is then submitted that with the dismissal of Criminal Revision No.433 of 2022, filed by the petitioner challenging the said order dated 23.11.2022 passed by learned Judicial Magistrate-XXVII, Ranchi; vide order dated 23.01.2023 by the Additional Judicial Commissioner-VII, Ranchi, the said order dated 23.11.2022 passed by learned Judicial Magistrate-XXVII, Ranchi has reached the finality, as the petitioner has not challenged the order dated 23.01.2023 by the Additional Judicial Commissioner-VII, Ranchi in Criminal Revision No.433 of 2022. Hence, 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 crystal clear that in the order dated 23.11.2022 the learned Magistrate itself has recorded its satisfaction that the petitioner is absconding so that the warrant of the arrest could not be executed and such satisfaction arrived at by the learned Magistrate; on the basis of materials available, including the report submitted by the police that the 4 Cr. M.P. No.800 of 2023 petitioner is absconding to evade her arrest and upon complying all the requirements of law the learned Magistrate has issued the proclamation under Section 82 of Cr.P.C. directing inter alia the petitioner to appear on 23.12.2022 before it at 11:00 am in its court. 8. Under such circumstances, this Court do not find any illegality in the order dated 23.11.2022 passed by learned Judicial Magistrate-XXVII, Ranchi whereby and where under the learned Judicial Magistrate directed to issue proclamation under Section 82 of Cr.P.C., in connection with Jagarnathpur P.S. Case No.95 of 2016 (S) corresponding to G.R. No.1816 of 2016 which is now pending in the court of learned J.M.F.C.-XXVII, Ranchi. 9. Accordingly, the prayer to quash and set aside the order dated 23.11.2022 passed by learned Judicial Magistrate-XXVII, Ranchi whereby and where under the learned Judicial Magistrate directed to issue proclamation under Section 82 of Cr.P.C. in connection with Jagarnathpur P.S. Case No.95 of 2016 (S) corresponding to G.R. No.1816 of 2016 which is now pending in the court of learned J.M.F.C.-XXVII, Ranchi, being without any merit is rejected. 10.
Decision
In the result, this Cr.M.P., being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 06th of September, 2023 AFR/ Animesh 5