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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anil Kumar Choudhary
Randhir Prasad Yadav @ Randhir 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 482 of the Code of Criminal Procedure with a prayer to quash the order dated 26.08.2019 passed in connection with Satgawan P.S. Case No.71 of 2017 corresponding to G.R. No.1266 of 2017 by the learned Chief Judicial Magistrate, Koderma whereby and where under the learned Chief Judicial Magistrate, Koderma has ordered for issuance of proclamation under Section 82 of the Code of Criminal Procedure inter alia against the petitioners without recording the satisfaction that the petitioners are absconding or concealing themselves to evade their arrest.
3. Learned counsel for the petitioners submits that the proclamation under Section 82 of the Code of Criminal Procedure was issued vide order dated 26.08.2019 without following the due process of law and without recording the satisfaction that the petitioners, who are the accused persons of the case, are absconding or concealing themselves to evade their arrest, which is a sine qua non for issuing proclamation under Section 82 of the Code of Criminal Procedure; that too without fixin
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....
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....
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.
A proclamation under Section 82 Cr.P.C. must specify the time and place for the accused's appearance; failure to do so renders the order invalid.
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.
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.
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.
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....
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