Proclamation and attachment orders under Cr.P.C. must comply with mandatory legal requirements, including recording satisfaction of absconding status and specifying time/place for appearance.

JUDGMENT :

Anil Kumar Choudhary, J.

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 and set aside the order dated 29.06.2022 passed by the learned Additional Sessions Judge-II-cum Special Judge, Latehar whereby and where under the learned Special Judge has directed to issue proclamation under Section 82 of Cr.P.C. against the petitioner in connection with Netarhat P.S. Case No.03 of 2018 corresponding to Special POCSO Case No.18 (C) of 2018, and also to quash the order dated 21.09.2022 whereby and where under the attachment order of the property of the petitioner under Section 83 of Cr.P.C. has been issued. In this Cr.M.P., further prayer has been made to quash the order dated 21.12.2022 whereby and where under the learned Special Judge, Latehar has issued non-bailable warrant of arrest against the petitioner.

3. At the very outset, learned counsel for the petitioner submits that the petitioner does not press the prayer for quashing the order dated 21.12.2022 passed by the learned Additional Sessions Judge-II-cum Special Judge, Latehar and confines her prayer for quashing and setting aside the orders dated 29.06.2022 and 21.09.2022 passed by the learned Additional Sessions Judge-II-cum Special Judge, Latehar in connection with Netarhat P.S. Case No.03 of 2018 corresponding to Special POCSO Case No.18 (C) of 2018.

4. The brief facts of the case is that on 29.06.2022 a petition was filed by the Investigating Officer of the case alleging that the petitioner is absconding from her house. The learned Special Judge allowed the prayer and directed the office to issue the proclamation under Section 82 of Cr.P.C. against the accused who is the petitioner herein. On 21.09.2022, the execution report of the proclamation under Section 82 of Cr.P.C. was filed intimating that the proclamation under Section 82 of Cr.P.C was duly executed on 23.07.2022 but she is still absconding, hence, attachment order under Section 83 of Cr.P.C. was prayed to be issued against the accused and the learned Additional Sessions Judge-II-cum Special Judge, Latehar ordered for issue of the attachment order of the property of the petitioner under Section 83 of Cr.P.C.

5. Learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. vide order dated 29.06.2022 has been issued without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing herself to evade her arrest which is a sine qua non for issuing proclamation under Section 82 of Cr.P.C. that too without fixing any time and place for her appearance. Hence, it is submitted that the order dated 29.06.2022 passed by the learned Additional Sessions Judge-II-cum Special Judge, Latehar in connection with Netarhat P.S. Case No.03 of 2018 corresponding to Special POCSO Case No.18 (C) of 2018, being not sustainable in law, be quashed and set aside.

6. It is next submitted that vide order dated 21.09.2022 without mentioning the description of the property of the petitioner to be attached and without mentioning any justification for issuing the attachment order under Section 83 of Cr.P.C., has been issued. Hence, it is submitted that the order dated 21.09.2022 passed by the learned Additional Sessions Judge-II-cum Special Judge, Latehar in connection with Netarhat P.S. Case No.03 of 2018 corresponding to Special POCSO Case No.18 (C) of 2018, being not sustainable in law, be also quashed and set aside.

7. Learned Addl.P.P. appearing for the State opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that the very fact that the learned Additional Sessions Judge-II-cum Special Judge, Latehar has issued the proclamation under Section 82 of Cr.P.C. and the order of attachment under Section 83 of Cr.P.C. itself shows that there were materials available in the record for the learned