IMPORTANT POINT
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.

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 28.08.2019 passed in Chandwa P.S. Case No.125 of 2014 corresponding to G.R. No.862 of 2014 (S) whereby and where under the process under Section 82 of Cr.P.C. was issued against the petitioner and also for quashing the order dated 23.02.2022 passed in the said case by which process under Section 83 of Cr.P.C. has been issued against the petitioner.

3. Perusal of the record reveals that vide order dated 28.08.2019, learned A.C.J.M., Latehar has ordered for issuance of the proclamation under Section 82 of Cr.P.C. even though the execution report of non-bailable of warrant of arrest issued against the petitioner was not received nor he has fixed any date for appearance of the petitioner and the order of proclamation was made without recording the satisfaction by the learned A.C.J.M., that the petitioner is absconding or concealing. Perusal of the order dated 23.02.2022 reveals that even though the report regarding proclamation issued under Section 82 of Cr.P.C. was not received yet the A.C.J.M., Latehar has ordered for issuance of process under Section 83 of Cr.P.C. without recording any reason therefore.

4. The learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. and under Section 83 of Cr.P.C. having been issued without complying the mandatory requirement of law, the same be set aside and quashed.

5. Learned Spl.P.P. appearing for the State opposes the prayer for quashing the order dated 28.08.2019 passed in Chandwa P.S. Case No.125 of 2014 corresponding to G.R. No.862 of 2014 (S) and for quashing the order dated 23.02.2022 passed in the said case by which process under Section 83 of Cr.P.C. has been issued against the petitioner, and submits that under the facts of the case and the learned A.C.J.M. has rightly passed the said orders.

6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is apparent that there is no recording of the satisfaction by the learned A.C.J.M., Latehar that the petitioner is absconding or concealing and there is no way the learned A.C.J.M., Latehar could have recorded the satisfaction in the absence of any execution report of non-bailable warrant of arrest issued against the petitioner. Further, the learned A.C.J.M., Latehar has not mentioned the place and date where the petitioner has to appear in the proclamation to be issued under Section 82 of Cr.P.C. Hence, this Court has no hesitation in holding that the order dated 28.08.2019 is not in accordance with the law, accordingly, the same is set aside.

7. So far as the order dated 23.02.2022 is concerned, the mandate of law is that the process under Section 83 of Cr.P.C. has been issued without receiving the report of the proclamation and without being satisfied as to whether in fact the proclamation under Section 82 of Cr.P.C. was ever made or not and that too in the absence of material being placed before it by affidavit or otherwise that the petitioner is about to dispose of whole or any part of the property or to remove whole or any part of the property from local jurisdiction of the court concerned. Hence, in the considered opinion of this Court the order dated 23.02.2022 is also not sustainable in law, accordingly, the same is also set aside.

8. The matter is remanded back to the court of learned A.C.J.M., Latehar to pass fresh orders in accordance with law after complying the provisions of law.

9. In the result, this Cr.M.P. stands allowed.