Bhola Singh vs The State Of Jharkhand

By the Court:- Heard the parties.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the orders dated 12.03.2026 and 15.05.2026 passed by the learned Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No. 347 of 2018 corresponding to G.R. Case No. 67 of 2020 by which the process under Section 82 of the Code of Criminal Procedure has been inter alia issued against the petitioner who is the sole accused person of the case.

Learned counsel for the petitioner submits that vide the orders dated 12.03.2026 and 15.05.2026 passed by the learned Chief Judicial Magistrate, Garhwa in the said case, the learned Chief Judicial Magistrate, Garhwa without recording any satisfaction that the petitioner who is the sole accused person of the case, is absconding or concealing himself to evade his arrest, has inter alia issued the process under Section 82 of the Code of Criminal Procedure without fixing any time and place for appearance of the petitioner; who is the sole accused of the case; therefore, the said orders are not in accordance with law. Hence, it is submitted that the orders dated 12.03.2026 and 15.05.2026 passed by the learned Chief Judicial Magistrate, Garhwa in the said case, be quashed and set aside.

Learned Addl.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 the very fact that the learned Chief Judicial Magistrate, Garhwa has issued the process under Section 82 of the Code of Criminal Procedure, goes to show that there were reasonable grounds for the learned Chief Judicial Magistrate, Garhwa to be satisfied that the grounds for issuance of the said proclamation under Section 82 of the Code of Criminal Procedure exists. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

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 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.

As already indicated above, since the learned Chief Judicial Magistrate, Garhwa 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 who is the sole accused person of the case. Hence, this Court has no hesitation in holding that the learned Chief Judicial Magistrate, Garhwa has committed a grave illegality by passing orders for issuing the said proclamations under Section 82 of the Code of Criminal Procedure without complying with the mandatory requirements of law. Therefore, the same is not sustainable in law and the continuation of the same will amount to abuse of process of law. Hence, this is a fit case where the orders dated 12.03.2026 and 15.05.2026 passed by the learned Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No. 347 of 2018 corresponding to G.R. Case No. 67 of 2020, be quashed and set aside against the petitioner named above.

Accordingly, the orders dated 12.03.2026 and 15.05.2026 passed by the learned Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No. 347 of 2018 corresponding to G.R. Case No. 67 of 2020, is quashed and set aside against the petitioner named above.

The learned Chief Judicial Magistrate, Garhwa may pass a fresh order in accordance with law.

In the result, this Criminal Miscellaneous Petition is allowed to the aforesaid extent only.