The Magistrate must substantiate satisfaction with evidence before issuing a proclamation under Sections 82 and 83 of the Cr.P.C., and routine issuance of such orders is impermissible.

ORDER :

1. This application has been filed for quashing the order dated 15.07.2023 and 17.08.2023 passed by the S.D.J.M. Daudnagar, Aurangabad in Daudnagar P.S. Case No. 407 of 2022.

2. It is the contention of the petitioner is that the application for issuance of process under Section 82 and 83 of the Cr.P.C. was not supported by any document and the learned counsel for the petitioner has relied upon a judgment of this Court in the case of Krishna Murari Yadav Vs. State of Bihar, 2005 SCC Online Pat 712.

3. The learned counsel for the O.P. No. 02 and the learned APP for the State have vehemently opposed the prayer of the petitioner and have submitted that even without the supporting affidavit, the Court below has power to issue process under Section 82 and 83 of the Cr.P.C.

4. I have considered the submissions of the parties.

5. Section 82 and 83 of the Cr.P.C. reads as follows:

“82. Proclamation for person absconding:

(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides.

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village.

(c) a copy thereof shall be affixed to some conspicuous part of the Court-house.

(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.

(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).

83. Attachment of property of person absconding:

(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued:

(a) is about to dispose of the whole or any part of his property.

(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation.

(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3)