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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anil Kumar Choudhary
Subhnath Matho @ Shubhnath Kumar – 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 a prayer to quash the orders dated 27.07.2018, 28.08.2018 and 01.10.2018 passed by the learned S.D.J.M., Hazaribagh; all orders passed in connection with Barkagaon P.S. Case No. 60 of 2013, corresponding to G.R. Case No. 1461 of 2013 whereby and where under respectively, non-bailable warrant of arrest, proclamation under Section 82 Cr.P.C. and the attachment order of property under Section 83 Cr.P.C. has been issued.
3. The brief fact of the case is that the petitioner is accused of the said case and was admitted to bail in that case, before submission of charge sheet. Subsequent to filing of charge sheet, though summons was issued to him and bailable warrant of arrest was also issued against him, the petitioner did not appear before the court concerned hence, vide order dated 27.07.2018 non-bailable warrant of arrest was issued inter alia against the petitioner. On 28.08.2018 even though the execution report of non-bailable warrant of arrest was not received back by t
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.
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 adhere to legal standards, including the necessity of an execution report and clear directives for appearance.
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.
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 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 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.
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.
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