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IN THE HIGH COURT OF JHARKHAND AT RANCHI
| Table of Content |
|---|
| 1. petition to quash magistrate's proclamation order. (Para 1 , 2) |
| 2. parties contend on proclamation appearance direction. (Para 3 , 4) |
| 3. proclamation requires absconding satisfaction and appearance details. (Para 5) |
| 4. quash order; permit fresh lawful order. (Para 6 , 7 , 8) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the order dated 11.12.2025 passed by the learned Judicial Magistrate 1st Class, Bokaro in connection with B.S. City Mahila P.S. Case No.12 of 2025.
3. It is submitted by the learned counsel for the petitioner that since the learned Judicial Magistrate 1st Class, Bokaro has directed to issue or place for appearance of the petitioner, who is the accused person of the case concerned therefore, the same is not in accordance with law. Hence, it is submitted that order dated 11.12.2025 passed by the learned Judicial Magistrate 1st Class, Bokaro in connection with B.S. City Mahila P.S. Case No.12 of 2025 be quashed and set aside.
4. Learned Additional Public Prosecutor on the other hand opposes the
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 ....
A proclamation under Section 82 Cr.P.C. must specify the time and place for the accused's appearance; failure to do so renders the order invalid.
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.
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 main legal point established is that the issuance of a proclamation under Section 82 Cr.P.C. requires the Judicial Magistrate to record satisfaction of the accused persons' absconding or conceali....
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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