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.

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 fixing the time and place for appearance of the petitioners. Hence, it is submitted that 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 being not sustainable in law, the same be quashed and set aside.

4. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioners for quashing the order dated 26.08.2019 in connection with Satgawan P.S. Case No.71 of 2017 corresponding to G.R. No.1266 of 2017 and submits the very fact that the learned Chief Judicial Magistrate, Koderma has passed order for issuance of the proclamation under Section 82 of the Code of Criminal Procedure, itself shows that there were materials available in the record for the learned Chief Judicial Magistrate, Koderma to be satisfied that there is justification for issuance of such proclamation under Section 82 of the Code of Criminal Procedure. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that by now it is a settled principle of law that the court which issues the proclamation under Section 82 of the Code of Criminal Procedure must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of the Code of Criminal Procedure is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue the proclamation under Section 82 of the Code of Criminal Procedure, it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of the Code of Criminal Procedure is issued.

6. As already indicated above; since the learned Chief Judicial Magistrate, Koderma has neither recorded its satisfaction that the petitioners are absconding or concealing themselves to evade their arrest nor fixed any time or place for appearance of the petitioners who are the accused persons of the case, this Court has no hesitation in holding that the learned Chief Judicial Magistrate, Koderma has committed illegality by issuing the said proclamation under Section 82 of the Code of Criminal Procedure without complying with the mandatory requirements of law. Hence, the same is not sustainable in law and the continuation of the same will amount to abuse of process of law. Therefore, this is a fit case where 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, be quashed and set aside.

7. Accord