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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Payal Devi @ Payal Kumari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
By the Court:-
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with a prayer to quash the order dated 03.03.2025 passed by the learned Judicial Magistrate -1st Class, Dhanbad whereby and where under, the learned Judicial Magistrate -1st Class, Dhanbad has directed for issuance of non- bailable warrant of arrest and also to quash the order dated 05.04.2025 by which the said learned Judicial Magistrate -1st Class, Dhanbad has ordered for issuance of proclamation under Section 84 of B.N.S.S., 2023 in connection with Barwadda P.S. Case No. 02 of 2025 involving the offences punishable under Sections 115(2)/ 118(1)/ 117(2)/ 109/ 76/ 303(2)/3(5) of B.N.S., 2023.
3. It is submitted by the learned counsel for the petitioners that Section 75 of Bhartiya Nagrik Suraksha Sanhita, 2023 empowers the Chief Judicial Magistrate or the Magistrate of the First Class to direct a warrant to any person within his local inter-alia jurisdiction for arrest of any person who is accused of a non-bailable offence and is evading arrest. It is next submitted that the learne
PAYAL DEVI ALIAS PAYAL KUMARI vs THE STATE OF JHARKHAND - 2025 Supreme(Online)(Jhk) 1203 – Establishes the requirement for a magistrate to demonstrate legal criteria (evasion of arrest, time/place for appearance) before issuing non‑bailable warrants. The language indicates the case sets a standard that is likely followed in subsequent decisions.
Bhekhlal Yadav @ Bheklal Yadav @ Bhekhlal Gop vs State of Jharkhand - 2025 0 Supreme(Jhk) 598 – States that issuance of non‑bailable warrants must comply with legal standards, requiring an execution report and clear directives for appearance. This reinforces procedural requirements and suggests the case’s rule is upheld in later jurisprudence.
Damodar Choudhary, son of Janki Choudhary vs State of Jharkhand - 2025 0 Supreme(Jhk) 617 – Explicitly notes that the court "upheld the Chief Judicial Magistrate’s order" for a proclamation under Section 82 of Cr.P.C., affirming that sufficient grounds existed based on the accused’s concealment. The wording "upheld" signals that the decision was affirmed rather than overruled.
A Magistrate must satisfy legal criteria before issuing non-bailable warrants and proclamations, including evidence of evasion of arrest and specifying time/place for appearance.
The issuance of non-bailable warrants and proclamations must adhere to legal standards, including the necessity of an execution report and clear directives for appearance.
The court upheld the Chief Judicial Magistrate's order for proclamation under Section 82 of Cr.P.C., affirming that sufficient grounds existed for the issuance based on the accused's concealment.
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.
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.
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 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.
The legality of warrants for arrest in non-bailable offences and the requirement for the Magistrate to specify the place and date where the accused has to appear in compliance with the proclamation u....
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