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Judgment
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 order dated 21.07.2026 passed by the learned Judicial Magistrate 1st Class, Dhanbad in connection with Tundi P.S. Case No. 44 of 2026 whereby and where under the learned Judicial Magistrate 1st Class, Dhanbad has directed to issue the process under Section 82 of the Code of Criminal Procedure without fixing the time and place for appearance of the petitioner who is the accused person of the case involving the offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 118(2), 109(1), 74 of the Bharatiya Nyaya Sanhita, 2023.
Learned counsel for the petitioner submits that vide order dated 21.07.2026, the learned Judicial Magistrate 1st Class, Dhanbad has issued the process under Section 82 of the Code of Criminal Procedure without fixing the time and place for appearance of the petitioner who is the accused person of the case. It is next submitted that therefore, the said order is not in accordance with law. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.
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 petitioner was supposed to appear before the court concerned after 30 days of the proclamation, hence, there is no illegally in the impugned order dated 21.07.2026. It is, therefore, 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 such proclamation issued, in the order itself by which the said proclamation is issued.
Besides, in view of Section 4 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the procedure to be adopted for the trial of the offences under the Bharatiya Nyaya Sanhita, 2023 shall be the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023; the section 84 of which corresponds to Section 82 of the Code of Criminal Procedure. So, since the offences involved in Tundi P.S. Case No. 44 of 2026 are under the provisions of the Bharatiya Nyaya Sanhita, 2023, hence, it was incumbent upon the learned Judicial Magistrate 1st Class, Dhanbad to follow the procedures of the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of the Code of Criminal Procedure. Further, the learned Judicial Magistrate 1st Class, Dhanbad has committed a grave error by not fixing the time and place for the appearance of the accused person of the case who is the petitioner herein. Hence, this Court is of the considered view that the said order dated 21.07.2026 passed by the learned Judicial Magistrate 1st Class, Dhanbad in connection with Tundi P.S. Case No. 44 of 2026 is not sustainable in law and the same be quashed and set aside.
Accordingly, the order dated 21.07.2026 passed by the learned Judicial Magistrate 1st Class, Dhanbad in connection with Tundi P.S. Case No. 44 of 2026, is quashed and set aside.
The learned Judicial Magistrate 1st Class, Dhanbad may pass a fresh order in accordance with law.
In the result, this Criminal Miscellaneous Petition is allowed to the aforesaid extent only.