IMPORTANT POINT
The court upheld the legality of the orders for non-bailable warrant of arrest and proclamation under Section 82 of Cr.P.C. based on the petitioner evading arrest and living out of the jurisdiction of the police station.

JUDGMENT :

Heard the parties.

2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 03.09.2022 by which non-bailable warrant of arrest was issued against the petitioner and also to quash the order dated 05.12.2022 by which the proclamation under Section 82 of Cr.P.C. was issued against the petitioner and the Investigating Officer was directed to get the proclamation order published in local newspaper corresponding to Barkatha P.S. Case No.117 of 2022 corresponding to G.R. No.1965 of 2022 registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code which is pending in the court of Judicial Magistrate-1st Class, Hazaribagh.

3. Perusal of the record reveals that vide order dated 03.09.2022, the Investigating Officer made a prayer along with copy of the case-diary for issuance of non-bailable warrant of arrest against the petitioner. After hearing and perusal of the case diary, it appeared to the learned Judicial Magistrate-1st Class, Hazaribagh that the F.I.R. named accused is fleeing from her place and evading her arrest and police could not arrest her instead of several raids. Hence, prayer for issuance of non-bailable warrant of arrest was allowed against the petitioner. On 05.12.2022, the Investigating Officer filed an application for proclamation of the process under Section 82 of the Cr.P.C. against the petitioner which was granted. The Execution Report of non-bailable warrant of arrest was attached with the petition and therein the Investigating Officer mentioned that though the Investigating Officer raided the place of accused but she was not found and police came to know that she is living out of the jurisdiction of Barkatha Police Station intentionally and is absconding and considering this fact, the learned Magistrate ordered for issuance of proclamation under Section 82 of Cr.P.C. by publishing the same in local newspaper and also by affixing a copy of the notice in the conspicuous part of house of the petitioner.

4. It is submitted by the learned counsel for the petitioner that none of the orders were ever communicated to the petitioner and the report of the police is false. Hence, it is submitted that the order dated 03.09.2022 by which non-bailable warrant of arrest was issued against the petitioner and also the order dated 05.12.2022 by which the proclamation under Section 82 of Cr.P.C. was issued against the petitioner, be quashed and set aside.

5. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 03.09.2022 by which non-bailable warrant of arrest was issued against the petitioner and also the order dated 05.12.2022 by which the proclamation under Section 82 of Cr.P.C. was issued against the petitioner and submits that the undisputed fact is that the petitioner is an accused of the case involving the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. It is then submitted that the Investigating Officer appeared before the learned Magistrate and produced case-diary and from other supporting documents, the learned Magistrate was satisfied that the petitioner is evading her arrest. Hence, he issued non-bailable warrant of arrest against the petitioner. Therefore, there is no illegality in the said orders dated 03.09.2022 and 05.12.2022. It is next submitted that since the Execution Report of non-bailable warrant of arrest is attached with the record of the learned Magistrate, the contention of the petitioner that the police never raided her house is out and out false and that cannot be a ground for quashing the proclamation made under Section 82 of Cr.P.C. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

6. Having heard the rival submissions made at the Bar and after going through the materials available in the record, this Court finds that the order dated 03.09.2022 has been passed