IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Bhekhlal Yadav @ Bheklal Yadav @ Bhekhlal Gop – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with a prayer to quash the orders dated 10.09.2024 and 14.11.2024 passed by the learned Judicial Magistrate 1st Class, Hazaribagh in connection with G. (F) Case No. 1684 of 2019 whereby and where under, respectively non-bailable warrant of arrest and the proclamation under Section 82 of Cr.P.C. has been issued against the petitioners who are the accused persons of the said case.
3. Learned counsel for the petitioners submits that the petitioners do not press the prayer to quash the order dated 19.06.2024 whereby and where under, bailable warrant of arrest has been issued against the petitioners. Hence, the prayer to quash the order dated19.06.2024 is rejected as not pressed.
4. The brief fact of the case is that on 10.09.2024 out of 15 accused persons of the case, four were in attendance and rest nine were represented through their lawyers which was allowed; the rest two accused persons were absent. The execution report of bailable warrant of arrest was not received but still the learned Judicial Magistrate 1st Class, Hazari
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 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 comply with legal requirements, including recording satisfaction of evasion and specifying time and place for appearance.
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 mandatory legal requirements, including recording satisfaction of evading arrest and specifying time and place for appearance.
The issuance of warrants and proclamations against an accused must comply with established legal requirements; failure to do so results in quashing those orders.
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 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 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....
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.
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