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.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of Bharatiya Nyaya Suraksha Sanhita, 2023 with a prayer to quash the order dated 11.06.2024 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Chirkunda P.S. Case No. 131 of 2020 registered for the offences punishable under Sections 302, 201, 120B and 34 of Indian Penal Code.

3. Perusal of the record reveals that on 11.06.2024 a petition along with execution report of non-bailable warrant of arrest issued by the learned Chief Judicial Magistrate, Dhanbad was filed by the I.O. of the case. The learned Chief Judicial Magistrate, Dhanbad after being satisfied that the petitioner who is the accused person of the case along with the co-accused persons are concealing themselves from the police to evade their arrest, directed to issue of the proclamation under Section 82 of Cr.P.C. fixing 10:30 am on 24.07.2024 or earlier in the court of Chief Judicial Magistrate, Dhanbad.

4. It is submitted by the learned counsel for the petitioner that the though in the impugned order, it has been mentioned that the learned Chief Judicial Magistrate, Dhanbad had the occasion to go through the execution report of the non-bailable warrant of arrest but the same is false and without application of judicial mind, the learned Chief Judicial Magistrate, Dhanbad has mechanically issued the proclamation under Section 82 of Cr.P.C. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

5. Learned Special Public Prosecutor on the other hand vehemently opposes the prayer and submits that there is categorical averment in the order dated 11.06.2024 that the I.O. filed a petition praying for the issue of the proclamation under Section 82 of Cr.P.C. enclosing therewith the execution report of the non-bailable warrant of arrest executed against the petitioner and the co-accused persons. It is next submitted by the learned Special Public Prosecutor that there is no illegality in the order of the learned Chief Judicial Magistrate, Dhanbad. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

6. Having heard the submissions made at the Bar and after going through the materials in the record, this Court is of the considered view that there is no justifiable reason to accede to the contention impugned order that he has gone through the execution report of non-bailable warrant of arrest; without such report being in the record. There is no way that the learned Chief Judicial Magistrate, Dhanbad could know as to on which date police went to the house of the petitioner, in search of him and he was found absent; as mentioned in the impugned order itself; without going through the execution report of the non-bailable warrant of arrest issued. Hence, such contention of the petitioner is fallacious. The learned Chief Judicial Magistrate, Dhanbad has recorded its satisfaction that the petitioner and the co-accused persons are concealing themselves to evade their arrest and after being thus satisfied directed to issue of the proclamation under Section 82 of Cr.P.C. fixing the time and place for their appearance. Thus, this Court do find any illegality in the order dated 11.06.2024 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Chirkunda P.S. Case No. 131 of 2020 warranting interference of this Court under Section 528 of Bharatiya Nyaya Suraksha Sanhita, 2023.

7. Accordingly, this criminal miscellaneous petition being without any merit is dismissed.