Avijeet Kumar Singh @ Ashok Singh @ Abhijit Singh, aged about 50 years, son v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.921 of 2024 ------ Avijeet Kumar Singh @ Ashok Singh @ Abhijit Singh, aged about 50 years, son of Ishwari Singh @ Ishwar Prasad Singh, Resident of Mandir Line, Near Pipal Tree, Azad Basti, Jemco, Birshanagar, Chotta Gobindpur, P.O. and P.S.- Telco, Town- Jamshedpur, District- East Singhbhum. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner For the State
Legal Reasoning
: Mr. Rohan Mazumdar, Advocate : Ms. Vandana Bharti, 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 482 of the Code of Criminal Procedure with a prayer to quash and set aside the order dated 18.12.2017 passed in connection with Telco P.S. Case No.175 of 2017 corresponding to G.R. No.2411 of 2017 passed by learned Judicial Magistrate-1st Class, Jamshedpur whereby and where under the learned Judicial Magistrate has issued Non-bailable warrant of arrest against the petitioner; and also the order dated 29.01.2018 passed in connection with Telco P.S. Case No.175 of 2017 corresponding to G.R. 1 Cr. M.P. No.921 of 2024 No.2411 of 2017 by learned Judicial Magistrate-1st Class, Jamshedpur whereby and where under the learned Judicial Magistrate has issued proclamation under Section 82 of the Code of Criminal Procedure and the said case is now pending before the learned Judicial Magistrate-1st Class, Jamshedpur. 3. Learned counsel for the petitioner submits that the instant Criminal Miscellaneous Petition has been filed with twin prayers as already indicated above but the petitioner confines his prayer to quash and set aside only the order dated 29.01.2018 passed in connection with Telco P.S. Case No.175 of 2017 corresponding to G.R. No.2411 of 2017 passed by learned Judicial Magistrate-1st Class, Jamshedpur whereby and where under the learned Judicial Magistrate has been pleased to issue proclamation under Section 82 of the Code of Criminal Procedure and the said case is now pending before the learned Judicial Magistrate-1st Class, Jamshedpur. 4. The brief facts of the case is that the Investigating Officer of the said case filed a requisition on 29.01.2018 in the said case before the learned Judicial Magistrate, Jamshedpur for proclamation under Section 82 of the Cr.P.C. and the learned Judicial Magistrate has issued such proclamation without recording any satisfaction as to whether the petitioner is absconding or concealing himself to evade his arrest without fixing the time and place for the petitioner to appear. 5. Learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. has been issued vide order dated 29.01.2018 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. and without 2 Cr. M.P. No.921 of 2024 mentioning the time and place for the petitioner- who is the accused person of the said case, to appear. Hence, it is submitted that the order dated 29.01.2018 passed in connection with Telco P.S. Case No.175 of 2017 corresponding to G.R. No.2411 of 2017 passed by learned Judicial Magistrate-1st Class, Jamshedpur whereby and where under the learned Judicial Magistrate has been pleased to issue proclamation under Section 82 of the Code of Criminal Procedure which is now pending before the learned Judicial Magistrate-1st Class, Jamshedpur; being not in accordance with law, be quashed and set aside. 6. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 29.01.2018 passed in connection with Telco P.S. Case No.175 of 2017 corresponding to G.R. No.2411 of 2017 passed by learned Judicial Magistrate-1st Class, Jamshedpur whereby and where under the learned Judicial Magistrate has issued proclamation under Section 82 of the Code of Criminal Procedure which is now pending before the learned Judicial Magistrate-1st Class, Jamshedpur; being not in accordance with law and submits that the very fact that the learned Judicial Magistrate has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned Judicial Magistrate to be satisfied that there is justification for issuance of such proclamation and proceeding. 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 3 Cr. M.P. No.921 of 2024 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 Judicial Magistrate-1st Class, Jamshedpur 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, Jamshedpur has committed gross 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 will amount to abuse of process of law and this is a fit case where the order dated 29.01.2018 passed in connection with Telco P.S. Case No.175 of 2017 corresponding to G.R. No.2411 of 2017 passed by learned Judicial Magistrate-1st Class, Jamshedpur whereby and where under the learned Judicial Magistrate has been pleased to issue proclamation under Section 82 of the Code of Criminal Procedure which is now pending before the learned Judicial Magistrate-1st Class, Jamshedpur, be quashed and set aside. 8. Accordingly, the order dated 29.01.2018 passed in connection with Telco P.S. Case No.175 of 2017 corresponding to G.R. No.2411 of 2017 passed by learned Judicial Magistrate-1st Class, Jamshedpur whereby and where under the learned Judicial Magistrate has been pleased to issue proclamation under Section 82 of the Code of Criminal Procedure which is now pending before the learned Judicial Magistrate-1st Class, Jamshedpur, is quashed and set aside. 4 Cr. M.P. No.921 of 2024 9. The learned Judicial Magistrate-1st Class, Jamshedpur may pass a fresh order in accordance with law. 10.
Decision
In the result, this Cr.M.P. stands allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 15th of April, 2024 AFR/ Animesh-Saroj 5 Cr. M.P. No.921 of 2024