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2026 Supreme(Jhk) 143
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
District-Chatra, Jharkhand. - Petitioner
Versus
The State of Jharkhand - Opposite Party
Cr.M.P. No.769 of 2026
Decided On : 01-04-2026
Important Points
Subject
Criminal Law - Procedural Law
Act Referred
BHARATIYA NYAYA SANHITA : S.64(2)(m)
CRIMINAL PROCEDURE CODE : S.82
Headnote
Facts of the case:
The petitioner filed a miscellaneous petition to quash an order whereby a proclamation under Section 82 of the Cr.P.C. was issued by the JMFC without following necessary legal processes.
Findings of Court:
The court found the JMFC's order issued under Section 82 of Cr.P.C. not sustainable due to failure to comply with procedural requirements.
Issues: Whether the JMFC followed due process in issuing the proclamation under Section 82 of the Code of Criminal Procedure, corresponding to Section 84 of the BNSS, 2023.
Ratio Decidendi: The court held that requisite satisfaction of the accused's status as absconding was not met, and no time or place for appearance was specified in the JMFC's proclamation, constituting an illegal issuance of the order.
Result: The order dated 06.01.2026 was quashed and set aside.
For the Petitioner:Mr. Indrajit Sinha, Advocate, Mr. Rishav Kumar, Advocate, Ms. Rashika Bajaj, Advocate
For the Opposite Party : Mr. Shailesh Kr. Sinha, Addl.P.P.
| Table of Content |
|---|
| 1. court's jurisdiction and quashing of prior orders. (Para 2 , 3) |
| 2. arguments regarding due process in issuance of proclamations. (Para 4 , 5) |
| 3. requirements for issuing proclamations under section 82. (Para 6) |
| 4. resulting order on the criminal miscellaneous petition. (Para 7 , 8 , 9) |
JUDGMENT :
ANIL KUMAR CHOUDHARY , J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with several prayers, but the learned counsel for the petitioner does not press the prayer for quashing the order dated 12.12.2025 and only confines his prayer for quashing the order dated 06.01.2026 passed by the learned JMFC, Hazaribagh in connection with Barhi Mahila P.S. Case No.13 of 2025 registered for the offences punishable under Section 64(2)(m) of the BNS, 2023 whereby and whereunder the learned JMFC, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023.
3. Accordingly, the prayer for quashing the order dated 12.12.2025 passed by the learned JMFC, Hazaribagh in connection with Barhi Mahila P.S. Case No.13 of 2025 registered for the offences punishable under Section 64(2)(m) of the BNS, 2023 is rejected as not pressed.
4. Learned counsel for the petitioner submits that the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 has been issued vide order dated 06.01.2026 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 Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023, 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 06.01.2026 passed by the learned JMFC, Hazaribagh in connection with Barhi Mahila P.S. Case No.13 of 2025 registered for the offences punishable under Section 64(2)(m) of the BNS, 2023 whereby and whereunder the learned JMFC, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure; which corresponds to Section 84 of the BNSS, 2023, be allowed.
5. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 06.01.2026 passed by the learned JMFC, Hazaribagh in connection with Barhi Mahila P.S. Case No.13 of 2025 registered for the offences punishable under Section 64(2)(m) of the BNS, 2023 whereby and whereunder the learned JMFC, Hazaribagh has issued proclamation under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the BNSS, 2023 and submits that the very fact that the learned JMFC, Hazaribagh has issued the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023, itself shows that there were materials available in the record for the learned JMFC, Hazaribagh 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.
6. 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. which corresponds to Section 84 of the BNSS, 2023 must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under Section 82 of Cr.P.C. which corresponds to Section 84 of the BNSS, 2023 it must mention the time and place for appearance of the petitioner in the order
