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IN THE HIGH COURT OF JHARKHAND AT RANCHI
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 ar
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.
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.
Court must record satisfaction of evasion of arrest before issuing non-bailable warrants or proclamations under Section 82 of Cr.P.C.
Proclamation and attachment orders under Cr.P.C. must comply with mandatory legal requirements, including recording satisfaction of absconding status and specifying time/place for appearance.
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 central legal point established in the judgment is the requirement for compliance with mandatory provisions of law for the issuance of proclamation and process under Section 82 and 83 of Cr.P.C.
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 legality of warrants for arrest in non-bailable offences and the requirement for the Magistrate to specify the place and date where the accused has to appear in compliance with the proclamation u....
Court must comply with mandatory requirements of law when issuing orders under Sections 82 and 83 of the Cr.P.C., or such orders will be quashed.
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