Courts must record mandatory satisfaction regarding an accused evading arrest or disposing of property prior to issuing warrants, proclamations, or attachment orders. Failure to document such subjective satisfaction renders the judicial process invalid, as these coercive orders cannot be issued without specific adherence to statutory procedural requirements.

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 twin prayers to quash the orders dated 21.08.2013 and 15.10.2015 passed by the learned Additional Sessions Judge-II, Latehar in S.T. Case No.58 of 2013 arising out of Manika P.S. Case No.47 of 2011 corresponding to G.R. Case no.309 of 2011 registered for the offences punishable under Sections 147, 148, 149, 353, 307 of the Indian Penal Code, Section 27 of the Arms Act, Section 17 of C.L.A. Act and Sections 10, 13, 19 of U.P.A. Act pending in the court of learned Additional Sessions Judge-II, Latehar whereby and where under the learned Additional Sessions Judge-II, Latehar has issued non-bailable warrant of arrest and processes under Sections 82 and 83 of Cr.P.C. against the petitioner, simultaneously.

3. At the outset, learned counsel for the petitioner submits that the petitioner does not press the prayer to quash the order dated 15.10.2015 and confines his prayer only to quash the order dated 21.08.2013 passed by the learned Additional Sessions Judge-II, Latehar in S.T. Case No.58 of 2013 arising out of Manika P.S. Case No.47 of 2011 corresponding to G.R. Case no.309 of 2011 registered for the offence punishable under Sections 147, 148, 149, 353, 307 of the Indian Penal Code, Section 27 of the Arms Act, Section 17 of C.L.A. Act and Sections 10, 13, 19 of U.P.A. Act.

4. Accordingly, the prayer to quash the order dated 15.10.2015 passed by the learned Additional Sessions Judge-II, Latehar in S.T. Case No.58 of 2013 arising out of Manika P.S. Case No.47 of 2011 corresponding to G.R. Case no.309 of 2011 registered for the offences punishable under Sections 147, 148, 149, 353, 307 of the Indian Penal Code, Section 27 of the Arms Act, Section 17 of C.L.A. Act and Sections 10, 13, 19 of U.P.A. Act is rejected as not pressed.

5. So far as the order dated 21.08.2013 is concerned, the learned counsel for the petitioner submits that by the said order, the learned Additional Sessions Judge-II, Latehar has issued non-bailable warrant of arrest and processes under Sections 82 and 83 of Cr.P.C. against the petitioner, simultaneously without recording the satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor there is any satisfaction recorded to the extent that the petitioner is about to dispose of the whole or any part of his property or is about to remove the whole or any part of his property from the local jurisdiction of the Court concerned, hence, it is submitted that the same being not in accordance with law; the same be liable to be quashed and set aside.

6. Learned Addl.P.P. appearing for the State vehemently opposes the prayer for quashing the order dated 21.08.2013 passed by the learned Additional Sessions Judge-II, Latehar in S.T. Case No.58 of 2013 arising out of Manika P.S. Case No.47 of 2011 corresponding to G.R. Case no.309 of 2011 registered for the offences punishable under Sections 147, 148, 149, 353, 307 of the Indian Penal Code, Section 27 of the Arms Act, Section 17 of C.L.A. Act and Sections 10, 13, 19 of U.P.A. Act and submits that the very fact that the learned Additional Sessions Judge-II, Latehar has issued the non-bailable warrant of arrest, proclamation under Section 82 of Cr.P.C. and the order of attachment under Section 83 of Cr.P.C. itself shows that there were sufficient materials available in the record for the learned Ad