Hazaribagh v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2791 of 2019 ------ 1. Krishna Kumar Singh Dhiraj @ Krishna Kumar Singh, aged about 40 years, son of Sri Pawan Kumar Singh @ Pawan Singh 2. Pawan Kumar Singh @ Pawan Singh aged about 59 years, son of Sri Satyanarayan Singh. Both are resident of Mohalla Housing Colony, Dipugarha, P.O.- Hazaribagh, P.S.- Sadar (Korra), District- Hazaribagh Versus The State of Jharkhand … Opposite Party … Petitioners For the Petitioners For the State
Legal Reasoning
: Mr. Sanjay Kr. Singh, Advocate : Mr. Achinto Sen, Addl.P.P. ------ ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- I.A. No.3100 of 2024 Heard the parties. Learned Addl. P.P. appearing for the State/opposite party submits that this interlocutory application has been filed with a prayer to withdraw the interlocutory application being the Interlocutory Application No.2705 of 2024. It is next submitted that charge-sheet has already been submitted against the petitioner- Krishna Kumar Singh, therefore, the prayer to vacate the stay has become infructuous. Hence, it is submitted that the prayer to withdraw the Interlocutory Application No.2705 of 2024 be allowed. Prayer is allowed. 1 Cr. M.P. No.2791 of 2019 Accordingly, Interlocutory Application No.2705 of 2024 stands dismissed as withdrawn and the instant interlocutory application being Interlocutory
Decision
Application No.3100 of 2024 stands disposed of. (Anil Kumar Choudhary, J.) Cr.M.P. No.2791 of 2019 At the very outset, learned counsel for the petitioners submits that though several prayers have been made in the instant Criminal Miscellaneous Petition but the petitioners do not press the prayer for quashing the order dated 29.06.2019 passed by the learned Chief Judicial Magistrate, Hazaribagh in connection with Sadar (Korra) P.S. Case No.57 of 2016 corresponding to G.R. No.155 of 2016. 2. Accordingly, the prayer to quash and set aside the order dated 29.06.2019 passed by the learned Chief Judicial Magistrate, Hazaribagh in connection with Sadar (Korra) P.S. Case No.57 of 2016 corresponding to G.R. No.155 of 2016 is rejected as not pressed. 3. Learned counsel for the petitioners submits that this Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to quash and set aside the order dated 13.10.2017 passed by the learned Chief Judicial Magistrate, Hazaribagh in connection with Sadar (Korra) P.S. Case No.57 of 2016 corresponding to G.R. No.155 of 2016 whereby and where under the learned Chief Judicial Magistrate, Hazaribagh has issued the non-bailable warrant of arrest and the order dated 27.11.2018 passed by the learned Chief Judicial Magistrate, Hazaribagh in connection with the said case by which the 2 Cr. M.P. No.2791 of 2019 proclamation under Section 82 of Cr.P.C. has been issued against the petitioners without following the mandatory requirements of law. Hence, it is submitted that the said two orders be quashed and set aside. 4. Learned Addl.P.P. appearing for the State vehemently opposes the prayer of the petitioners to quash the said two orders and submits that the very fact that the learned Chief Judicial Magistrate, Hazaribagh has issued the non-bailable warrant of arrest and the proclamation under Section 82 of Cr.P.C. itself shows that there were sufficient materials available in the record for issuance of non-bailable warrant of arrest and the proclamation under Section 82 of Cr.P.C. It is therefore, submitted that this Cr.M.P., being without any merit, be dismissed. 5. Having heard the submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that Section 73 of the Code of Criminal Procedure empowers inter alia the Chief Judicial Magistrate to direct a warrant to any person within his local jurisdiction for arrest of inter alia of any person who is accused of any non- bailable offence and is evading his arrest. 6. Now, coming to the order dated 13.10.2017 passed by the learned Chief Judicial Magistrate, Hazaribagh in connection with Sadar (Korra) P.S. Case No.57 of 2016 corresponding to G.R. No.155 of 2016 though it has not been specifically mentioned therein, but perusal of the record reveals that the said case involves the offence punishable under Section 452 of the Indian Penal Code but in the said order dated 13.10.2017, no satisfaction has been recorded by the learned Chief Judicial Magistrate, Hazaribagh to the effect that, the petitioner is evading his arrest and without recording such satisfaction, still the 3 Cr. M.P. No.2791 of 2019 learned Chief Judicial Magistrate, Hazaribagh has issued the non-bailable warrant of arrest against the petitioners. Hence, this act of the learned Chief judicial Magistrate, Hazaribagh in issuing warrant of arrest, without recording any satisfaction that the accused is evading his arrest; in the considered opinion of this Court, is not in accordance with law. 7. Accordingly, the order dated 13.10.2017 passed by the learned Chief Judicial Magistrate, Hazaribagh in connection with Sadar (Korra) P.S. Case No.57 of 2016 corresponding to G.R. No.155 of 2016 is quashed and set aside. 8. So far as the order dated 27.11.2018 passed by the learned Chief Judicial Magistrate, Hazaribagh in connection with Sadar (Korra) P.S. Case No.57 of 2016 corresponding to G.R. No.155 of 2016 is concerned, 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, Hazaribagh 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, Hazaribagh has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. by the said order dated 27.11.2018 without complying with the mandatory requirements of law. Hence, the same 4 Cr. M.P. No.2791 of 2019 is not sustainable in law and the continuation of the same will amount to abuse of process of law. Therefore, this is a fit case where the said order dated 27.11.2018 be quashed and set aside. 9. Accordingly, the order dated 27.11.2018 passed by the learned Chief Judicial Magistrate, Hazaribagh in connection with Sadar (Korra) P.S. Case No.57 of 2016 corresponding to G.R. No.155 of 2016, is quashed and set aside. 10. The learned Chief Judicial Magistrate, Hazaribagh may pass a fresh order in accordance with law. 11. 12. In the result, this Cr.M.P. stands allowed. In view of disposal of the instant Cr.M.P., the interim order granted vide order dated 17.03.2020, is vacated. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 25th of October, 2024 AFR/ Animesh 5 Cr. M.P. No.2791 of 2019