IMPORTANT POINT
Court must record satisfaction of evasion of arrest before issuing non-bailable warrants or proclamations under Section 82 of Cr.P.C.

JUDGMENT :

Anil Kumar Choudhary, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash and set aside the orders dated 30.11.2023 and 23.04.2024 by which respectively the non-bailable warrant of arrest and the proclamation under Section 82 of Cr.P.C. was issued against the petitioner by the learned Special Judge-cum-Additional Sessions Judge-I, Palamau in connection with SC/ST Case No.07 of 2019.

3. Learned counsel for the petitioner submits that the learned Special Judge-cum-Additional Sessions Judge-I, Palamau without recording any satisfaction that the petitioner is evading his arrest, has ordered on 30.11.2023 for issuance of non-bailable warrant of arrest which is not in accordance with law. So far as the order dated 23.04.2024 is concerned, learned counsel for the petitioner submits that the learned Special Judge-cum-Additional Sessions Judge-I, Palamau without recording any satisfaction that the petitioner is absconding or concealing himself to evade his arrest that too without fixing any time and place for his appearance, has issued the proclamation under Section 82 of Cr.P.C. which is also not in accordance with law. Hence, it is submitted that prayer, as prayed for in this Cr.M.P. be allowed.

4. 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 Special Judge-cum-Additional Sessions Judge-I, Palamau has issued the non-bailable warrant of arrest and proclamation Section 82 of Cr.P.C. respectively itself shows that there were materials available in the record for the learned Special Judge-cum-Additional Sessions Judge-I, Palamau to be satisfied that there is justification for issuance of such proclamation and proceeding. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that by now it is a settled principle of law that in case a person is an accused of committing a non-bailable offence then the court may direct to such person inter alia if he is an accused of a non-bailable offence and is evading his arrest, to appear before the court.

6. Now, coming to the facts of the case, as the learned Special Judge-cum-Additional Sessions Judge-I, Palamau without recording any satisfaction that the petitioner is evading his arrest; has still ordered for issuance of non-bailable warrant of arrest, hence, the order dated 30.11.2023 passed by the learned Special Judge-cum-Additional Sessions Judge-I, Palamau in connection with SC/ST Case No.07 of 2019 is not sustainable in law.

7. Accordingly, the order dated 30.11.2023 passed by the learned Special Judge-cum-Additional Sessions Judge-I, Palamau in connection with SC/ST Case No.07 of 2019 is quashed and set aside.

8. So far as the order dated 23.04.2024 passed by the learned Special Judge-cum-Additional Sessions Judge-I, Palamau in connection with SC/ST Case No.07 of 2019 is concerned, it is a settled principle of law that the court which issues the proclamation under Section 82 of Cr.P.C. must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue the proclamation under Section 82 of Cr.P.C. it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Special Judge-cum-Additional Sessions Judge-I, Palamau has neither recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time or place for appearance of the pet