IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sushil Dubey @ Sushil Kumar Dubey – 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 Bharatiya Nagarik Suraksha Sanhita, 2023 with several prayers but learned counsel for the petitioners submits that the petitioners do not press the prayer to quash the order dated 13.08.2019 passed by learned Additional Sessions Judge-III, Palamau in connection with S.T. Case No.364 of 2019 arising out of Chainpur P.S. Case No.137 of 2015.
3. Accordingly, the prayer to quash and set aside the order dated 13.08.2019 passed by learned Additional Sessions Judge-III, Palamau in connection with S.T. Case No.364 of 2019 arising out of Chainpur P.S. Case No.137 of 2015 is rejected as not pressed.
4. Learned counsel for the petitioners next submits that the petitioners confine their prayer only to quash the order dated 08.02.2016 in connection with G.R. Case No.1799 of 2025 in S.T. Case No.364 of 2019 arising out of Chainpur P.S. Case No.137 of 2015 by which the proclamation under Section 82 of the Code of Criminal Procedure has been made by the Sub-Divisional Judicial Magistrate, Palamau at Daltonganj, and the order dated
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.
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.
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.
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.
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.
The central legal point established in the judgment is that the issuance of proclamation under Section 82 and attachment of property under Section 83 must comply with the mandatory requirements of la....
The central legal point established is that orders under Section 82 and 83 of the Code of Criminal Procedure must be supported by proper reasoning, satisfaction, and compliance with mandatory require....
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.
Issuance of a proclamation under Section 82 of the CrPC requires specified grounds, including recorded satisfaction of absconding status and time/place details; failure to follow these mandates rende....
The issuance of a proclamation under Section 82 of the Code of Criminal Procedure requires strict adherence to procedural mandates, including recording satisfaction of the accused's absconding status....
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