IMPORTANT POINT
The central legal point established is that orders under Section 82 and 83 of the Code of Criminal Procedure must be supported by proper reasoning, satisfaction, and compliance with mandatory requirements.

JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition 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 31.08.2005 whereby and where under proclamation under Section 82 of the Code of Criminal Procedure was issued against the petitioner and also the order dated 17.11.2005 whereby and where under the process under Section 83 of the Code of Criminal Procedure has been issued against the petitioner by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat in Sessions Trial No.141 of 2015 arising out of Nawadih P.S. Case No.31 of 2003 which is now pending in the court of Judge-in-Charge (Record Room), Bermo at Tenughat.

3. The brief facts of the case is that on 31.08.2005, the Investigating Officer of the case returned the warrant of arrest issued inter alia against the petitioner and the learned Additional Chief Judicial Magistrate, Bermo at Tenughat only observed that since the accused has not surrendered, hence, issued the proclamation under Section 82 of the Code of Criminal Procedure and on 17.11.2005, the Investigating Officer of the case filed a petition praying to issue process under Section 83 of the Code of Criminal Procedure inter alia against the petitioner and the learned Additional Chief Judicial Magistrate has just allowed the same without recording any satisfaction.

4. Mr. Ashim Kumar Sahani- learned counsel for the petitioner submits that the order issuing proclamation under Section 82 and 83 of the Code of Criminal Procedure were vague, cryptic and no reason of satisfaction as required under law, has been recorded by the learned Magistrate. It is next submitted that in the absence of any execution report and the materials on record, the learned Additional Chief Judicial Magistrate, Bermo at Tenughat mechanically passed the order. Hence, it is submitted that the order dated 31.08.2005 whereby and where under proclamation under Section 82 of the Code of Criminal Procedure was issued against the petitioner and the order dated 17.11.2005 whereby and where under the process under Section 83 of the Code of Criminal Procedure has been issued against the petitioner by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat in Sessions Trial No.141 of 2015 arising out of Nawadih P.S. Case No.31 of 2003, be quashed and set aside.

5. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 31.08.2005 whereby and where under proclamation under Section 82 of the Code of Criminal Procedure was issued against the petitioner and also the order dated 17.11.2005 whereby and where under the process under Section 83 of the Code of Criminal Procedure has been issued against the petitioner by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat in Sessions Trial No.141 of 2015 arising out of Nawadih P.S. Case No.31 of 2003 and submits that since the petitioner was absconding, hence, the learned Additional Chief Judicial Magistrate, Bermo at Tenughat has rightly issued the proclamation under Section 82 and process under Section 83 of the Code of Criminal Procedure. 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 carefully going through the materials available in the record, it is crystal clear from the order dated 31.08.2005 that therein it is not clear as to what was mentioned in the report which was submitted by the Investigating Officer of the case along the non-bailable warrant of arrest. There is no material in the said order dated 31.08.2005 which could have revealed that the petitioner is absconding or concealing himself in order to evade his arrest which is a sine qua non for issuing the proclamation under section 82 of the Code of Criminal Procedure. Even otherwise also, for a valid order for issuance of the proclamation under Section 82 of the C