East Singhbhum, Jharkhand v. The State of Jharkhand
Case Details
[2025:JHHC:37290] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3293 of 2025 ------ Satpal Singh @ Soni Singh, aged about 30 years, S/o Hardeep Singh, resident of H. No. 100, Padma Road, 10 No. Basti, Jamshedpur, P.O. Golmuri, P.S. Golmuri, District: East Singhbhum, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party For the Petitioner For the State ------
Legal Reasoning
: Mr. Indrajit Sinha, Advocate Mr. Ajay Kumar Sah, Advocate : Mrs. Priya Shrestha, Spl.P.P. (through VC) ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- I.A. No.16135 of 2025 Heard the parties. 2. Learned counsel for the petitioner submits that this interlocutory application has been filed for early hearing of this Criminal Miscellaneous Petition. 3. Since hearing of this Criminal Miscellaneous Petition is being taken up today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.) Cr.M.P. No.3293 of 2025 1. Heard the parties. 1 Cr. M.P. No.3293 of 2025 [2025:JHHC:37290] 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with twin prayers:- (i) to quash the order dated 19.06.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Govindpur P.S. Case No.53 of 2023 (S) whereby and where under the learned Judicial Magistrate- 1st Class, Jamshedpur issued non-bailable warrant of arrest of the petitioner. (ii) to quash the order dated 28.07.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Govindpur P.S. Case No.53 of 2023 (S) whereby and where under the learned Judicial Magistrate- 1st Class, Jamshedpur has directed for issuance of the written proclamation under Section 82 of the Code of Criminal Procedure against the petitioner. 3. At the outset, learned counsel for the petitioner submits that the petitioner does not press the order dated 19.06.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Govindpur P.S. Case No.53 of 2023 (S). 4. Accordingly, the prayer to quash the order dated 19.06.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Govindpur P.S. Case No.53 of 2023 (S) is rejected as not pressed. 5. So far as the order dated the order dated 28.07.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection 2 Cr. M.P. No.3293 of 2025 [2025:JHHC:37290] with Govindpur P.S. Case No.53 of 2023 (S) is concerned, the learned counsel for the petitioner submits that the written proclamation under Section 82 of the Code of Criminal Procedure was issued 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 the Code of Criminal Procedure and that too without mentioning the time and place for appearance of the petitioner. Hence, the order dated 28.07.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with the said case being not sustainable in law the same be quashed and set aside. 6. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that though it has not been specifically mentioned, the time and place for appearance of the petitioner, who is the accused person of the case in the order dated 28.07.2025 itself, but it is crystal clear that the petitioner has to appear before the court concerned after 30 days from the date of publication of the written proclamation issued under Section 82 of the Code of Criminal Procedure. 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 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 the Code of Criminal Procedure, must record its satisfaction that the 3 Cr. M.P. No.3293 of 2025 [2025:JHHC:37290] accused in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue the proclamation under Section 82 of the Code of Criminal Procedure, it must specifically mention the time and place for appearance of the accused person of the case in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure is issued, in the order itself by which the said proclamation is issued. 8. Now coming to the facts of the case, the learned Judicial Magistrate-1st Class, Jamshedpur without any rhyme or reason has failed to fix any time and place for appearance of the petitioner who is the accused person of the case concerned in the order dated 28.07.2025 passed in connection with Govindpur P.S. Case No.53 of 2023 (S). Hence, this Court has no hesitation in holding that the learned Judicial Magistrate-1st Class, Jamshedpur has committed illegality by issuing the said proclamation under Section 82 of the Code of Criminal Procedure 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. Therefore, this is a fit case where the order dated 28.07.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Govindpur P.S. Case No.53 of 2023 (S), be quashed and set aside. 9. Accordingly, the order dated 28.07.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Govindpur P.S. Case No.53 of 2023 (S), is quashed and set aside. 4 Cr. M.P. No.3293 of 2025 [2025:JHHC:37290] 10. The learned Judicial Magistrate-1st Class, Jamshedpur may pass a fresh order in accordance with law. 11. In the result, this Criminal Miscellaneous Petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 09th of December, 2025 AFR/ Saroj Uploaded on 15/12/2025 5 Cr. M.P. No.3293 of 2025