Issuance of a proclamation under Section 82 of the CrPC requires specified grounds, including recorded satisfaction of absconding status and time/place details; failure to follow these mandates renders the order invalid.

JUDGMENT :

ANIL KUMAR CHOUDHARY

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with several prayers, but at the outset, the learned counsel for the petitioner submits that the petitioner does not press the other prayers, but only confines his prayer to quash the order dated 13.02.2009 passed by the learned Chief Judicial Magistrate, Daltonganj in connection with Sadar Palamau P.S. Case No.141 of 2007 corresponding to G.R. Case No.492 of 2007 registered for the offences punishable under Section 406 , 419, 420 and 34 of the Indian Penal Code and under Section 3 /4 of the Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act whereby and where the learned Chief Judicial Magistrate, Daltonganj has issued proclamation under Section 82 of the Code of Criminal Procedure against the petitioner.

Accordingly, all of the prayers except the prayer pressed, as already mentioned above, are rejected as not pressed.

3. Learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. has been issued vide order dated 13.02.2009 without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing himself to evade his arrest which is a sine qua non for issuing proclamation under of Cr.P.C., that too without fixing any time and place for appearance of the petitioner, who is the accused person of the said case. Hence, it is submitted that the order dated 13.02.2009 passed by the learned Chief Judicial Magistrate, Daltonganj in connection with Sadar Palamau P.S. Case No.141 of 2007 corresponding to G.R. Case No.492 of 2007, be allowed.

4. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 13.02.2009 passed by the learned Chief Judicial Magistrate, Daltonganj in connection with Sadar Palamau P.S. Case No.141 of 2007 corresponding to G.R. Case No.492 of 2007 and submits that the very fact that the learned Chief Judicial Magistrate, Daltonganj has issued the proclamation under Section 82 of Cr.P.C. itself shows that there were materials available in the record for the learned Chief Judicial Magistrate, Daltonganj to be satisfied, that there is justification for issuance of such proclamation. 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 by now it is a settled principle of law that the court which issues the proclamation under Section 82 of Cr.P.C. must record its satisfaction that the accused in respect of whom the proclamation under of Cr.P.C. is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under of Cr.P.C. it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under of Cr.P.C. is issued. As already indicated above since the learned Chief Judicial Magistrate, Daltonganj has neither recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time or place for appearance of the petitioner, this Court has no hesitation in holding that the learned Chief Judicial Magistrate, Daltonganj has committed illegality by issuing the said proclamation under of Cr.P.C. without complying the mandatory requirements of law. Hence, the same is not sustainable in law and the c