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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Praveen Tudu @ Praveen Kr. Tudu – 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 17.03.2025, passed by the learned Judicial Magistrate -1st Class, Dhanbad in Govindpur P.S. Case No. 250 of 2024 by which proclamation under Section 82 Cr.P.C. has been issued.
3. It is submitted by the learned counsel for the petitioner that the learned Judicial Magistrate -1st Class has committed a grave illegality by issuing the proclamation under Section 82 of Cr.P.C. without mentioning any time and place for appearance of the petitioner. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed.
4. The learned Spl. P.P. on the other hand opposes the prayer as prayed for by the petitioner in this criminal miscellaneous petition and submits that the very fact that the learned Judicial Magistrate has issued the proclamation under Section 82 of Cr.P.C. itself goes to show that the petitioner was supposed to appear before the court concerned within 30 days from the date of the proclamation bein
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.
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 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 main legal point established is that the issuance of a proclamation under Section 82 Cr.P.C. requires the Judicial Magistrate to record satisfaction of the accused persons' absconding or conceali....
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.
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