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.

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 being made. 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 when the court decides to issue proclamation under Section 82 of Cr.P.C. upon being satisfied that the accused person of the case is absconding or concealing himself to evade his arrest, it must mention the time and place for appearance of the accused person in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. But as already indicated above, the learned Judicial Magistrate -1st Class, Dhanbad has committed a grave illegality by not mentioning the time and place at which the petitioner who is the accused person of the case has to appear. 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 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 be quashed and set aside.

6. Accordingly, 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 is quashed and set aside.

7. The learned Judicial Magistrate -1st Class, Dhanbad or its successor court may pass fresh order in accordance with law.

8. In the result, this criminal miscellaneous petition is allowed.