Bokaro v. The State of Jharkhand
Case Details
( 2025:JHHC:32895 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3038 of 2025 1. Balram Bagti, aged about 57 years, son of Late Ganesh Bagti 2. Keshav Bagti, aged about 44 years, son of Late Ganesh Bagti 3. Dinesh Bagti, aged about 46 years, son of Late Ganesh Bagti 4. Kalpna Devi, aged about 44 years, wife of Balram Bagti 5. Shiwani Devi @ Sivani Devi, aged about 38 years, wife of Keshav Bagti 6. Sumitra Devi, aged about 45 years, wife of Dinesh Bagti All are residents of Village Manjhi Kulhi, Gorabali, P.O. & P.S. Balidih, District –Bokaro. .... Petitioners Versus The State of Jharkhand …. Opp. Party P R E S E N T
Legal Reasoning
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner For the State : Mrs. Jasvindar Mazumdar, Advocate : Mr. Rohan Mazumdar, Advocate : Mr. Vineet Kr. Vashistha, Spl. P.P. ….. By the Court:- 1. 2. Heard the parties. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the order dated 16.11.2022, passed by the learned Sub Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 32 of 2022(S), whereby and where under the learned Sub Divisional Judicial Magistrate, Bokaro has issued the non-bailable warrant of arrest against the petitioners as well as the Cr.M.P. No.3038 of 2025 1 ( 2025:JHHC:32895 ) order dated 14.02.2023, passed by the learned Sub Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 32 of 2022(S) whereby and where under proclamation under Section 82 Cr.P.C. has been issued against the petitioners. 3. At the outset, it is submitted by the learned counsel for the petitioners that the petitioners do not press the prayer to quash the order dated 16.11.2022, passed by the learned Sub Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 32 of 2022(S) and confines their prayer only to quash the order dated 14.02.2023, passed by the learned Sub Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 32 of 2022(S). 4. Accordingly, the prayer to quash the order dated 16.11.2022, passed by the learned Sub Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 32 of 2022(S) is rejected as not pressed. 5. So far as the order dated 14.02.2023, passed by the learned the learned Sub Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 32 of 2022(S) is concerned, it is submitted by the learned counsel for the petitioners that the learned Sub Divisional Judicial Magistrate, Bokaro has passed the said order dated 14.02.2023 without following the due process of law and without recording the satisfaction that the petitioners are absconding or concealing themselves to evade his arrest which is a sine qua non for issuing proclamation under Section 82 of Cr.P.C. and that too without fixing any time and place for their appearance. Hence, it is submitted that the said order dated 14.02.2023, passed by the learned Cr.M.P. No.3038 of 2025 2 ( 2025:JHHC:32895 ) the learned Sub Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 32 of 2022(S) be quashed and set aside. 6. Learned Special Public Prosecutor on the other hand opposes the prayer and submits that the very fact that the learned Sub Divisional Judicial Magistrate, Bokaro has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were sufficient materials available in the record for the learned Sub Divisional Judicial Magistrate, Bokaro to be satisfied that there is justification for issuance of such proclamation and since the proclamation has already been issued, so the petitioners were supposed to appear before the court concerned after 30 days of such proclamation. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 7. Having heard the submissions made at the Bar and after going through the materials 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 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 accused person concerned in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Sub Divisional Judicial Magistrate, Bokaro has neither recorded its satisfaction that the petitioners are absconding or concealing themselves to evade their arrest nor fixed any time or place for their appearance, hence Cr.M.P. No.3038 of 2025 3 ( 2025:JHHC:32895 ) this Court has no hesitation in holding that the learned Sub Divisional Judicial Magistrate, Bokaro has committed a grave 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. Therefore, this is a fit case where the order dated 14.02.2023, passed by the learned Sub Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 32 of 2022(S) whereby and where under proclamation under Section 82 Cr.P.C. has been issued against the petitioners be quashed and set aside. 8. Accordingly, the order dated 14.02.2023, passed by the learned Sub Divisional Judicial Magistrate, Bokaro in connection with Balidih P.S. Case No. 32 of 2022(S) whereby and where under proclamation under Section 82 Cr.P.C. has been issued against the petitioners, is quashed and set aside. 9. The learned Sub Divisional Judicial Magistrate, Bokaro may pass a fresh order in accordance with law. 10. This criminal miscellaneous petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 30th October, 2025 AFR/Sonu-Gunjan/- Uploaded on 04/11/2025 Cr.M.P. No.3038 of 2025 4