IMPORTANT POINT
The court established that a proclamation under Section 82 Cr.P.C. can be issued regardless of whether the accused is charged with offenses listed in Section 82(4), as long as there is a reasonable belief that the accused is absconding or concealing themselves.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 12.09.2022 and 09.10.2023 passed by the learned Judicial Magistrate 1st Class-XIII, Ranchi in Argora P.S. Case No. 94 of 2021 by which the learned Judicial Magistrate 1st Class-XIII, Ranchi, has issued the non-bailable warrant of arrest and the proclamation under Section 82 Cr.P.C. respectively.

3. The brief fact of the case is that the petitioner is an accused of Argora P.S. Case No. 94 of 2021 registered for the offences punishable under Section 406/420/34 of the Indian Penal Code. On 12.09.2022, the I.O. of the case made a prayer to the learned Judicial Magistrate 1st Class-XIII, Ranchi to issue non-bailable warrant of arrest against the petitioner who is the accused person of that case. It was contended by the I.O. that the accused person is intentionally concealing himself to evade his arrest and has not responded to the notices issued to him under Section 41A Cr.P.C. by not even giving any answer to the said notice. Based on the materials placed before it, it appeared to the learned Judicial Magistrate 1st Class-XIII, Ranchi that there are reasons to believe that the petitioner is concealing himself even though he has full knowledge of the case and evading his presence before the court, hence the learned Judicial Magistrate 1st Class-XIII, Ranchi has issued the non-bailable warrant of arrest. On 09.10.2023, the I.O. of the case filed an application for issuance of the proclamation under Section 82 Cr.P.C. It was submitted on behalf of the prosecution that the petitioner was evading his arrest in connection with the said Argora P.S. Case No. 94 of 2021. The learned Magistrate considered the execution report of the non-bailable warrant of arrest issued against the petitioner on 12.09.2022 and from the materials placed before it, the learned Judicial Magistrate 1st Class-XIII, Ranchi was satisfied that the I.O. made full efforts to make arrest of the petitioner who is the accused person of the said case, hence the learned Magistrate was of the considered opinion that the materials placed before it are sufficient to believe that the petitioner against whom warrant of arrest was issued is absconding and is intentionally concealing himself. Therefore, it is not possible for the authority to execute the warrant of arrest and went on to issue the proclamation under Section 82 Cr.P.C.

4. The learned counsel for the petitioner submits that non-bailable warrant of arrest was issued without complying the provisions of Section 73 of the Code of Criminal Procedure. Hence, the same may be quashed.

5. So far as the order dated 09.10.2023 by which the proclamation under Section 82 Cr.P.C. was issued, it is submitted by the learned counsel for the petitioner that the proclamation under Section 82 Cr.P.C. can only be issued against the accused persons of such cases in which the accused person is alleged to have committed the offence as mentioned in Section 82(4) of the Cr.P.C. Since the petitioner is accused of having committed the offence punishable under Section 406/420/34 of the Indian Penal Code which offences do not find place in Section 82(4) of the Cr.P.C., so under no circumstances, the proclamation under Section 82 Cr.P.C. could have been issued by the learned Magistrate against the petitioner. Hence, it is submitted that the proclamation under Section 82 Cr.P.C. having been issued without jurisdiction by the learned Judicial Magistrate 1st Class-XIII, Ranchi be quashed.

6. In support of his contention, the learned counsel for the petitioner relies upon the Judgment of Hon’ble Delhi High Court, in the case of Sanjay Bhandari vs. State (NCT of Delhi) in Criminal Revision Petition No. 223 of 2018 dated 31.07.2018 in which in para-31, the learned Single Judge of the Hon’ble Delhi High Court was of the view that a person who is