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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Samirul Shekh @ Md. Samir Hussain – 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 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
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.
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.
The court upheld the Chief Judicial Magistrate's order for proclamation under Section 82 of Cr.P.C., affirming that sufficient grounds existed for the issuance based on the accused's concealment.
The issuance of non-bailable warrants and proclamations must comply with legal standards, including recorded satisfaction of evasion and specification of time and place for appearance.
Court must record satisfaction of evasion of arrest before issuing non-bailable warrants or proclamations under Section 82 of Cr.P.C.
The issuance of non-bailable warrants and proclamations must adhere to legal standards, including the necessity of an execution report and clear directives for appearance.
The court ruled that a non-bailable warrant of arrest requires recorded satisfaction of evasion of arrest, which was not present, rendering the warrant and subsequent orders unsustainable.
A legitimate prosecution cannot be stifled in exercise of the jurisdiction under Section 482 Cr.P.C. by the High Court.
The issuance of non-bailable warrants and proclamations must comply with mandatory legal requirements, including recording satisfaction of evading arrest and specifying time and place for appearance.
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