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ANIL KUMAR CHOUDHARY
Shailendra Yadav – 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 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 issu
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 requirements, including recording satisfaction of evasion and specifying time and place for appearance.
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.
Proclamation under Section 82 of CrPC requires court to record satisfaction of the accused's absconding status and specify time and place for appearance; failure to do so renders the order unsustaina....
The issuance of non-bailable warrants and proclamations must comply with mandatory legal requirements, including recording satisfaction of evading arrest and specifying time and place for appearance.
Proclamations issued under Section 82 of the Code of Criminal Procedure are valid when evidence shows the accused is evading arrest, affirming the court's discretion in such matters.
The court ruled that a non-bailable warrant of arrest requires recorded satisfaction of evasion of arrest, which was not present, rendering the warrant and subsequent orders unsustainable.
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.
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