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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Raghunath Singh son of Late Kamla Prasad – Appellant
Versus
State of Jharkhand – Respondent
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 followin
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 rende....
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....
Court must comply with mandatory requirements of law when issuing orders under Sections 82 and 83 of the Cr.P.C., or such orders will be quashed.
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.
Mandatory legal requirements must be adhered to when issuing proclamations and attachment orders under the Code of Criminal Procedure, or they will be quashed as illegal.
The central legal point established in the judgment is the requirement for compliance with mandatory provisions of law for the issuance of proclamation and process under Section 82 and 83 of Cr.P.C.
Proclamation and attachment orders under Cr.P.C. must comply with mandatory legal requirements, including recording satisfaction of absconding status and specifying time/place for appearance.
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