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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
District-Chatra, Jharkhand – Appellant
Versus
State of Jharkhand – Respondent
| 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 r
Proclamations under Section 82 of Cr.P.C. must be issued following due process, including recording satisfaction that the accused is absconding and specifying time and place for appearance.
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 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.
The central legal point established is that orders under Section 82 and 83 of the Code of Criminal Procedure must be supported by proper reasoning, satisfaction, and compliance with mandatory require....
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.
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.
Court issuing proclamation must record satisfaction that accused is absconding or concealing to evade arrest and specify time and place for appearance in the order itself; failure renders it illegal ....
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