IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Damodar Choudhary, son of Janki Choudhary – Appellant
Versus
State of Jharkhand – Respondent
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
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 issuance of non-bailable warrants and proclamations must comply with legal requirements, including recording satisfaction of evasion and specifying time and place for appearance.
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.
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 standards, including recorded satisfaction of evasion and specification of time and place for appearance.
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.
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.
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.
Court must record satisfaction of evasion of arrest before issuing non-bailable warrants or proclamations under Section 82 of Cr.P.C.
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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