Deoghar v. 1. The State of Jharkhand 2. Anshul Saraff, aged about 28 years, S/o Sri
Case Details
( 2025:JHHC:37884 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2397 of 2025 ------ Rajesh Rajpal, aged about 55 years, son of Late Mohal Lal Rajpal, resident of Jain Mandir Road, Castair’s Town Deoghar, P.O.-B. Deoghar, P.S.-Deoghar, Dist:- Deoghar. … Petitioner Versus 1. The State of Jharkhand 2. Anshul Saraff, aged about 28 years, S/o Sri Suresh Saraff, R/o Mohalla-Bilasi Town Deoghar, P.O.-T.Bilasi, P.S.-Deoghar, Sub Division & District-Deoghar, Jharkhand. … Opposite Parties For the Petitioner For the State
Legal Reasoning
: Mr. Pran Pranay, Advocate : Mr. Pankaj Kr. Mishra, Addl.P.P. ------ ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY I.A. No.16823 of 2025 Heard the parties. Learned counsel for the petitioner submits that this interlocutory application has been filed with the prayer for early hearing of the instant Cr.M.P. Since, the hearing of instant Cr.M.P. is taken up today, hence, this
Decision
interlocutory application stands disposed of being infructuous. (Anil Kumar Choudhary, J.) Cr.M.P. No.2397 of 2025 By the Court:- Heard the parties. 1 Cr. M.P. No.2397 of 2025 ( 2025:JHHC:37884 ) 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with twin prayers to quash the orders dated 02.09.2024 and 09.12.2024 passed by the learned Judicial Magistrate First Class, Deoghar in connection with Complaint Case No.527 of 2020 whereby and where the learned Judicial Magistrate First Class, Deoghar has issued process under Section 82 & 83 of the Code of Criminal Procedure against the petitioner in the new address as per the petition filed by the petitioner. 3. At the outset, learned counsel for the petitioner submits that the petitioner does not press the prayer to quash the order dated 09.12.2024 passed by the learned Judicial Magistrate First Class, Deoghar in connection with Complaint Case No.527 of 2020 as no property of the petitioner has been attached as yet and confines his prayer only to quash the order dated 02.09.2024 passed by the learned Judicial Magistrate First Class, Deoghar in connection with Complaint Case No.527 of 2020. 4. Accordingly, the prayer to quash the order dated 09.12.2024 passed by the learned Judicial Magistrate First Class, Deoghar in connection with Complaint Case No.527 of 2020 is rejected as not pressed. 5. Learned counsel for the petitioner submits that earlier vide order dated 06.05.2024 in Cr.M.P. No.1205 of 2024, this Court has already quashed the order dated 01.09.2023 whereby earlier the proclamation under section 82 of Cr.P.C. was issued, but before that, this proclamation under Section 82 of Cr.P.C. has been issued again and like the order dated 2 Cr. M.P. No.2397 of 2025 ( 2025:JHHC:37884 ) 01.09.2023 in this case, the learned Judicial Magistrate First Class, Deoghar in the order dated 02.09.2024 also not recorded 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, who is the accused person of the said case. Hence, it is submitted that the order dated 02.09.2024 passed by the learned Judicial Magistrate First Class, Deoghar in connection with Complaint Case No.527 of 2020 whereby and where the learned Judicial Magistrate First Class, Deoghar has issued proclamation under Section 82 of the Code of Criminal Procedure, be allowed. 6. Learned Spl.P.P. appearing for the State vehemently opposes the prayer for quashing learned Judicial Magistrate First Class, Deoghar whereby and where under the learned Judicial Magistrate First Class, Deoghar has issued proclamation under Section 82 of Cr.P.C. and submits that the very fact that the learned Judicial Magistrate First Class, Deoghar 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 First Class, Deoghar to be satisfied that there is justification for issuance of such proclamation. Hence, it is submitted that this Criminal Miscellaneous Petition, 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 3 Cr. M.P. No.2397 of 2025 ( 2025:JHHC:37884 ) 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 Judicial Magistrate First Class, Deoghar 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 First Class, Deoghar has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying 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. Therefore, this is a fit case where the order dated 02.09.2024 passed by the learned Judicial Magistrate First Class, Deoghar in connection with Complaint Case No.527 of 2020, be quashed and set aside qua the petitioner only. 8. Accordingly, the order dated 02.09.2024 passed by the learned Judicial Magistrate First Class, Deoghar in connection with Complaint Case No.527 of 2020, is quashed and set aside qua the petitioner only. 4 Cr. M.P. No.2397 of 2025 ( 2025:JHHC:37884 ) 9. The learned Judicial Magistrate First Class, Deoghar or its successor court may pass a fresh order in accordance with law. 10. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 17th of December, 2025 AFR/ Abhiraj Uploaded on 03/01/2026 5 Cr. M.P. No.2397 of 2025