1. G. Srinivas Rao @ G. Sriniwas Rao, aged about 50 years, son of v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2214 of 2024 ------ 1. G. Srinivas Rao @ G. Sriniwas Rao, aged about 50 years, son of Late G. Tata Rao 2. Tarini Gopi @ G. Tarini Gope @ G. Tarini Gopi, aged about 24 years, daughter of Sri G. Srinivas Rao Both are resident of L-6/15, Fouza Bagan, Near Sigma Computers, Baridih, P.O. & P.S.- Sidhgora Town – Jamshedpur, District- East Singhbhum (Jharkhand) … Petitioners Versus The State of Jharkhand … Opposite Party For the Petitioners For the State
Legal Reasoning
: Mr. Anurag Kashyap, Advocate : Mr. Shiv Shankar Kumar, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash and set aside the orders dated 27.05.2024 passed in Criminal Revision No.76 of 2024 by the Sessions Judge, East Singhbhum at Jamshedpur whereby and where under the learned Sessions Judge dismissed the Criminal Revision which was filed against the order dated 10.01.2024 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Sidhgora P.S. Case No.75 of 2023, by which the learned Judicial Magistrate issued the proclamation under Section 82 of Cr.P.C. without mentioning any time and place for appearance of the accused persons in respect of whom such proclamation was made. In this Cr.M.P., prayer has also been made to quash the orders dated 10.01.2024 and 06.03.2024 both 1 Cr. M.P. No.2214 of 2024 orders passed by learned Judicial Magisrate-1st Class, at Jamshedpur in connection with Sidhgora P.S. Case No.75 of 2023 by which process under Section 82 and 83 of Cr.P.C. were respectively issued against the petitioners. 3. At the very outset, learned counsel for the petitioners submits that the petitioners do not press the instant Cr.M.P. so far as the order dated 06.03.2024 passed by learned Judicial Magisrate-1st Class, at Jamshedpur in connection with Sidhgora P.S. Case No.75 of 2023 and the order dated 27.05.2024 passed in Criminal Revision No.76 of 2024. 4. Accordingly, the prayer for quashing the order dated 06.03.2024 passed by learned Judicial Magisrate-1st Class, at Jamshedpur in connection with Sidhgora P.S. Case No.75 of 2023 and the order dated 27.05.2024 passed in Criminal Revision No.76 of 2024 is rejected as not pressed. 5. The brief facts of the case is that on 10.01.2024, a petition was filed by the Investigating Officer of the case with the Execution Report of the non-bailable warrant of arrest issued against the petitioners who are the accused persons of the said case and the Investigating Officer prayed for issue of the proclamation under Section 82 of the Cr.P.C. against the petitioners. The learned Magistrate recorded its satisfaction that the petitioners are evading their arrest, and ordered for issue of the proclamation under Section 82 of Cr.P.C. but did not fix any time and place for their appearance; in the said order. 6. Learned counsel for the petitioners submits that it is a settled principle of law that 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 Magistrate has not mentioned any 2 Cr. M.P. No.2214 of 2024 time and place for appearance of the petitioners, herein who are the accused persons of the case, hence, the same is not in accordance with law. Therefore, it is submitted that the order dated 10.01.2024 passed by learned Judicial Magisrate-1st Class, at Jamshedpur in connection with Sidhgora P.S. Case No.75 of 2023, being not sustainable in law, be quashed and set aside. 7. Learned Addl.P.P. appearing for the State on the other hand opposes the prayer of the petitioners made in the instant Cr.M.P. and submits that it is obvious that the petitioners were to appear before the learned Magistrate who issued the proclamation under Section 82 of the Cr.P.C. within thirty days from that order, in that court itself, hence, non-mentioning of the same will not make the order perverse. It is lastly submitted that this Cr.M.P., being without any merit, be dismissed. 8. 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 it is a settled principle of law that in case a court decides to issue the proclamation under Section 82 of Cr.P.C., it must mention the time and place for appearance of the accused person in respect of whom the said proclamation under Section 82 of Cr.P.C. is issued, in the order itself by which proclamation under Section 82 of Cr.P.C. is issued but as already indicated above since the learned Judicial Magistrate-1st Class, Jamshedpur has issued the proclamation under Section 82 of Cr.P.C. without fixing the time and place for appearance of the petitioners in the order itself by which the proclamation under Section 82 of Cr.P.C. was issued, hence, the same is not sustainable in law. Therefore, this Court has no hesitation in holding that the order dated 10.01.2024 passed by learned Judicial Magisrate-1st Class, at Jamshedpur in connection with 3 Cr. M.P. No.2214 of 2024 Sidhgora P.S. Case No.75 of 2023 has been passed without complying with the mandatory requirement of law. Hence, the same is not sustainable in law. 9. Accordingly, the order dated 10.01.2024 passed by learned Judicial Magisrate-1st Class, at Jamshedpur in connection with Sidhgora P.S. Case No.75 of 2023, is quashed and set aside. 10. The learned Judicial Magistrate-1st Class, Jamshedpur may pass a fresh order in accordance with law. 11.
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 23rd of September, 2024 AFR/ Animesh 4 Cr. M.P. No.2214 of 2024