Clerical errors citing old CrPC sections instead of BNSS equivalents do not vitiate proclamation and attachment orders during transition phase if satisfaction of absconding recorded; mere address-less notice to IO insufficient against coercive processes.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

I.A. No. 1200 of 2026

1. Heard the parties.

2. Learned senior counsel for the petitioner submits that the petitioner does not press this interlocutory application.

3. Accordingly, this interlocutory application is rejected as not pressed.

Cr. M.P. No. 3689 of 2025

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed apparently invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, however in the amended petition dated 16.01.2026, it has been mentioned that this criminal miscellaneous petition has been filed under of the Bharatiya Nyaya Sanhita, 2023. This criminal miscellaneous petition has been filed with the prayer to quash the order dated 07.11.2025 and the order dated 02.01.2026 passed in connection with Bank More P.S. Case no. 213 of 2025 involving the offences punishable under Sections 69 , 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 on the ground that the same has been passed without proper application of mind.

3. Learned senior counsel for the petitioner submits that as mentioned in para-18 of this petition the petitioner after coming to know about an order by which he has been proclaimed as an accused, he took immediate steps to obtain a certified copy of the order dated 07.11.2025. It is next submitted that the order dated 07.11.2025 has been passed in a most routine and ritualistic manner as by way of Section 531 of the Bharatiya Nyaya Sanhita, 2023, though the Code of Criminal Procedure, 1973 has been repealed with effect from 25.12.2023, yet the learned Chief Judicial Magistrate, Dhanbad exercised the power under Section 82 of the Code of Criminal Procedure for issuing the proclamation, whereas the correct provision of law for the same is Section 84 of the Bharatiya Nyaya Sanhita, 2023 as mentioned in para-19 of this Criminal Miscellaneous Petition. It is then submitted that the contents of of the Code of Criminal Procedure significantly differ from Section 84 of the Bharatiya Nyaya Sanhita, 2023. It is further submitted that the petitioner flew to Dubai and as soon as the petitioner came to know about the visit of the police for the purpose of investigation, he immediately sent a written representation to the Investigating Officer of the case that he is in Dubai for the purpose of business and would return to India on 25.11.2025. It is also submitted that the order dated 07.11.2025 has been passed because of concealing the material facts from the court. It is then submitted that the petitioner was completely unaware about the warrant having been issued in his name and the petitioner came to know about the coercive action taken against him only on 14.11.2025 when the anticipatory bail filed by the petitioner was listed for hearing. It is then submitted that the petitioner has been declared as an absconder. It is further submitted that during the pendency of this Criminal Miscellaneous Petition, permission has been accorded under Section 83 of the Code of Criminal Procedure vide order dated 02.01.2026 even though the petitioner has no property in the District of East Singhbhum or Dhanbad. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

4. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that though the petitioner has mentioned that this petition has be