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Judgment
Anil Kumar Choudhary, J
Heard the parties.
This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 19.10.2023 passed by the learned Judicial Magistrate 1st Class, Palamau at Daltonganj in connection with Nawadiha Bazar P.S. Case No. 49 of 2018 by which the learned Judicial Magistrate 1st Class, Palamau at Daltonganj has directed to issue the proclamation under Section 82 Cr.P.C. against the petitioner.
The brief fact of the case is that on 19.10.2023 a petition along with execution report of non-bailable warrant of arrest issued by the said court was filed by the I.O. of the case and prayed for issue of proclamation under Section 82 Cr.P.C. against the petitioner. On the basis of the materials placed before the learned Judicial Magistrate 1st Class, Palamau at Daltonganj including the case diary, the learned Judicial Magistrate 1st Class, Palamau at Daltonganj was satisfied that the petitioner who is the accused person of the case and against whom non-bailable warrant of arrest was issued was absconding or concealing himself to evade his arrest and therefore, it is not possible for the I.O. of the case to execute the non-bailable warrant of arrest issued by the court and being thus satisfied directed issuance of proclamation and also directed the petitioner to appear in the court on or before 04.12.2023 at 12:00 pm; but it appears that the petitioner did not appear within the said period and on 07.05.2024 filed this criminal miscellaneous petition.
It is submitted by the learned counsel for the petitioner that the petitioner was given notice on 17.08.2022 and 03.03.2023 through post to appear before the I.O. but the petitioner did not reply to the said notices. It is next submitted by the learned counsel for the petitioner that the proclamation under Section 82 Cr.P.C. has been issued without following the requirements of law. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.
Learned Additional Public Prosecutor on the other hand vehemently opposes the prayer made by the petitioner in this criminal miscellaneous petition and submits that the learned Judicial Magistrate 1st Class, Palamau at Daltonganj has not committed any illegality; as the learned Judicial Magistrate 1st Class, Palamau at Daltonganj has complied with all the requirements of law and being satisfied that the petitioner is absconding or concealing himself to evade his arrest has directed issuance of the proclamation fixing the time and place for appearance of the petitioner. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.
Having heard the submissions made at the Bar and after going through the materials in the record, this Court finds that the learned Judicial Magistrate 1st Class, Palamau at Daltonganj has complied with the requirements of law for issuing the proclamation under Section 82 Cr.P.C. and the learned Judicial Magistrate 1st Class, Palamau at Daltonganj has recorded its satisfaction that inter alia the petitioner is absconding or concealing himself to evade his arrest and after recording such satisfaction has ordered for issuance of proclamation fixing the time and place for appearance of the petitioner but the petitioner without any reasonable explanation, without appearing before the court of Judicial Magistrate 1st Class, Palamau at Daltonganj for more than five months after the date fixed for appearance in the court concerned has filed this criminal miscellaneous petition.
Under such circumstances, this Court do not find any justifiable reason to interfere with the order dated 19.10.2023 in exercise of its power under Section 482 Cr.P.C.
Accordingly, this criminal miscellaneous petition being without any merit is dismissed.