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ANIL KUMAR CHOUDHARY
Kanchan Devi, Wife of Santosh Mahto – Appellant
Versus
State of Jharkhand – Respondent
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 confine
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.
Court must comply with mandatory requirements of law when issuing orders under Sections 82 and 83 of the Cr.P.C., or such orders will be quashed.
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.
A court issuing a proclamation under Section 82 of Cr.P.C. must record satisfaction that the accused is absconding and cannot issue attachment orders without proper justification.
Mandatory legal requirements must be adhered to when issuing proclamations and attachment orders under the Code of Criminal Procedure, or they will be quashed as illegal.
Proclamation issued under Section 82 of the Code of Criminal Procedure must meet legal requirements, including recording satisfaction of the accused's status and fixing time and place for appearance.
Proclamations under Section 82 of Cr.P.C. must be issued following due process, including recording satisfaction that the accused is absconding and specifying time and place for appearance.
Court must record satisfaction of evasion of arrest before issuing non-bailable warrants or proclamations under Section 82 of Cr.P.C.
The issuance of non-bailable warrants and proclamations must comply with legal standards, including recorded satisfaction of evasion and specification of time and place for appearance.
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