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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Abhishek Kumar S/o Sri Moti Lal Verma – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present quashing petition has been preferred to quash the order dated 07.06.2024 passed in G.R. No. 1427 of 2024 arising out of Khajekalan P.S. Case No. 94 of 2024, where learned Judicial Magistrate 1st Class, Patna City, has passed an order for the initiation of proceedings under Section 82 of the Cr.P.C., which has been issued on 18.06.2024 against the petitioner/accused.
3. The allegation against the petitioner as per FIR is to commit rape upon O.P. No. 2 on the false pretext of marriage, subsequent to his acquaintance with O.P. No. 2 at a wedding function in Gujarat. It is alleged that all instances of the purported physical relationship took place at Patna during the petitioner’s visits.
4. The main question which requires adjudication in the present quashing petition is whether the issuance of proceedings by learned Trial Court under Section 82 of the Cr.P.C. against the petitioner was justified or not.
5. Learned counsel appearing on behalf of the petitioner submitted that before the issuance of proceedings under Section 82 of Cr.P.C. compliance with mandator
Magistrate must substantively satisfy issuance of Section 82 proceedings; routine orders without indication of reason are illegal.
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.
The court established that strict adherence to the procedural requirements of Section 82 Cr.P.C. is essential for validly declaring a person as a proclaimed offender.
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 issuance of non-bailable warrants and proclamations must comply with legal requirements, including recording satisfaction of evasion and specifying time and place for appearance.
Proclamation issued under Section 82 of the Code of Criminal Procedure must meet legal requirements, including recording satisfaction of the accused's status and fixing time and place for appearance.
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....
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