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RAJEEV RANJAN PRASAD
Chhotu Paswan – Appellant
Versus
State of Bihar – Respondent
ORDER
Since the informant has already entered appearance on his own, let the informant be added as O.P. No. 2 in course of the day.
2. Heard Mr. N.K. Agarwal, learned Senior counsel assisted by Mr. Mazharul Hassan, learned counsel for the petitioner, Mr. Y.C. Verma, learned Senior counsel assisted by Mr. Satish Kumar Sinha, learned counsel for the informant and Mr. Ram Sumiran Rai, learned A.P.P. for the State.
3. Petitioner in this case is seeking quashing of the order dated 03.05.2024 passed by learned Chief Judicial Magistrate, Katihar in Katihar Nagar P.S. Case No. 141 of 2024 registered for the offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code.
4. Learned Senior counsel for the petitioner submits that in the present case, the learned Chief Judicial Magistrate, Katihar has directed issuance of proclamation under Section 82 Cr.P.C. but before exercising his power under Section 82 Cr.P.C., he has not applied his judicious mind and the requirements as envisaged under Section 82 Cr.P.C. have not been considered. It is submitted that on filing of application by the Investigating Officer, the learned Chief Judicial Magistrate passed a one line order saying tha
The issuance of a proclamation under Section 82 Cr.P.C. requires a documented reason to believe the accused is absconding, supported by material evidence, or it is legally unsustainable.
The court emphasized the mandatory duty of the court to record subjective satisfaction regarding the absconding or non-cooperation of the person against whom the warrant has been issued under Section....
The issuance of non-bailable warrants and proclamations must comply with legal requirements, including recording satisfaction of evasion and specifying time and place for appearance.
Magistrate must substantively satisfy issuance of Section 82 proceedings; routine orders without indication of reason are illegal.
Proclamation and attachment – Essential ingredients for exercise of power is subjective satisfaction of court that warrantee is hiding himself to evade process of law – Mere absence from home cannot ....
The main legal point established is that the issuance of a proclamation under Section 82 Cr.P.C. requires the Judicial Magistrate to record satisfaction of the accused persons' absconding or conceali....
Court must comply with mandatory requirements of law when issuing orders under Sections 82 and 83 of the Cr.P.C., or such orders will be quashed.
The central legal point established in the judgment is the requirement for compliance with mandatory provisions of law for the issuance of proclamation and process under Section 82 and 83 of Cr.P.C.
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