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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Prakash Pradhan, Son of Sri A Pradhan – Appellant
Versus
State of Jharkhand – Respondent
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 B.N.S.S., 2023 with several prayers, but at the outset, it is submitted by the learned counsel for the petitioner that the petitioner does not press the prayers to quash the orders dated 13.01.2023 and 31.05.2023, but confines his prayer only to quash the orders dated 13.09.2023 and 18.06.2024 passed by the learned Sub-Divisional Judicial Magistrate, Porahat at Chaibasa in connection with Chakardharpur P.S. Case No.22 of 2010 corresponding to G.R. Case No.42 of 2010 registered for the offences punishable under Section 409, 420 & 120B of the Indian Penal Code Porahat at Chaibasa has issued the proclamation under Section 82 of the Code of Criminal Procedure inter alia against the petitioner.
3. Accordingly, the prayers to quash the orders dated 13.01.2023 and 31.05.2023 passed by the learned Sub-Divisional Judicial Magistrate, Porahat at Chaibasa in connection with Chakardharpur P.S. Case No.22 of 2010 corresponding to G.R. Case No.42 of 2010, are rejected as not pressed.
4. Learned counsel for the petitioner submits
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 in the judgment is that the issuance of proclamation under Section 82 and attachment of property under Section 83 must comply with the mandatory requirements of la....
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....
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.
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.
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 issuance of non-bailable warrants and proclamations must comply with legal requirements, including recording satisfaction of evasion and specifying time and place for appearance.
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