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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 528 of the B.N.S.S., 2023 with the prayer to quash and set aside the order dated 07.04.2025 passed by learned Sessions Judge at Seraikella Kharsawan in connection with Kandra P.S. Case No.17 of 2022 registered for the offences punishable under Section 18(b) of the NDPS Act, 1985 whereby and where under the learned Sessions Judge at Seraikella Kharsawan has issued process under Sections 82 of Cr.P.C. against the petitioner.
Learned counsel for the petitioner submits that the allegation against the petitioner is false and without application of judicial mind, the learned Sessions Judge at Seraikella Kharsawan has issued process under Sections 82 of Cr.P.C. against the petitioner; hence the prayer has prayed for in this criminal miscellaneous petition be allowed.
Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P and submits that learned Sessions Judge at Seraikella Kharsawan has recorded its satisfaction that the petitioner is absconding and concealing himself to evade his arrest and being thus satisfied ordered for issuance of proclamation under Section 82 of Cr.P.C. by fixing the time and place for appearance of the petitioner, hence, there is no illegality in the impugned order. Therefore, it is submitted that this Cr.M.P., 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, this Court finds that the learned Sessions Judge at Seraikella Kharsawan has recorded its satisfaction that the petitioner was absconding and concealing himself to evade his arrest and being thus satisfied has passed the order for issuance of proclamation under Section 82 of Cr.P.C. by fixing the time and place for appearance of the petitioner, therefore, this Court is of the considered view that there is no justifiable reason to interfere with the order dated 07.04.2025 passed by learned Sessions Judge at Seraikella Kharsawan in connection with Kandra P.S. Case No.17 of 2022 registered for the offences punishable under Section 18(b) of the NDPS Act, 1985 in exercise of its power under Section 528 of the B.N.S.S., 2023.
Accordingly, this Cr.M.P. being without any merit, is dismissed.