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.

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 the prayer to quash the orders dated 24.11.2025 and 12.02.2026 passed by the learned Additional Chief Judicial Magistrate, Dhanbad in connection with Jharia P.S. Case No. 83 of 2023 whereby and where under the learned Additional Chief Judicial Magistrate, Dhanbad has directed for issuance of the proclamation under Section 82 of the Code of Criminal Procedure.

3. The brief fact of the case is that the petitioner is the accused of Jharia P.S. Case No. 83 of 2023 involving the offences punishable under Sections 306 , 34 of the Indian Penal Code. Non-bailable warrant of arrest was issued against the petitioner on 24.11.2025, Investigating Officer of the said Jharia P.S. Case No. 83 of 2023 filed a petition for issuance of the proclamation. The learned Additional Chief Judicial Magistrate, Dhanbad on being satisfied from the materials available in the record that the petitioner including the co-accused persons was evading their arrest, directed for issuance of the proclamation under Section 82 of the Code of Criminal Procedure fixing 08.01.2026 for appearance of the petitioner and the co-accused persons before the learned Additional Chief Judicial Magistrate, Dhanbad. On 12.02.2026, Investigating Officer of the said case filed another petition for issuance of a fresh proclamation under of the Code of Criminal Procedure; as because of his engagement in the law and order duty, he could not execute the process. Considering the facts of the case, the learned Additional Chief Judicial Magistrate, Dhanbad ordered for issuance of the proclamation under of the Code of Criminal Procedure under fresh process fixing the appearance of the petitioner before the court concerned on 02.04.2026.

4. Learned counsel for the petitioner submits that the allegation against the petitioner is false. Learned counsel for the petitioner next submits that without receipt of the Execution Report of the non- bailable of arrest, the process under Section 82 of the Code of Criminal Procedure has been issued without applying judicial mind. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

5. Learned Additional Public Prosecutor appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that it is apparent from the order-sheet itself that the Investigating Officer submitted Execution Report of the non-bailable warrant of arrest issued inter alia against the petitioner; who is one of the accused persons of the case, wherein it has categorically been mentioned that upon raid being conducted in the house of the petitioner, he was found absconding due to fear of arrest. So, it is out and out false to show that the Execution Report of the non-bailable warrant of arrest was not returned back by the Investigating Officer. Hence, there is absolutely no illegality in the orders dated 24.11.2025 and 12.02.2026 passed by the learned Additional Chief Judicial Magistrate, Dhanbad in connection with Jharia P.S. Case No. 83 of 2023. It is lastly 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, this Court finds that in the order dated 24.11.2025 passed by the learned Additional Chief Judicial Magistrate, Dhanbad in connection with Jharia P.S. Case No. 83 of 2023, the learned Additional Chief Judicial Magistrate,