A court must record its satisfaction that an accused is absconding and specify the time and place for appearance before issuing a proclamation under Section 82 Cr.P.C., and must strictly comply with all conditions under Section 299 Cr.P.C. before declaring an accused an absconder.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with several prayers but learned counsel for the petitioner submits that in view of the fact that no property of the petitioner has been attached as yet, hence, the petitioner does not press the prayer to quash and set aside the order dated 28.11.2005 passed by the learned Chief Judicial Magistrate, Gumla and order dated 05.09.2006 passed by the learned Judicial Magistrate-1st Class, Gumla in connection with Sisai P.S. Case No.83 of 2004 corresponding to G.R. Case No.503 of 2004. Learned counsel for the petitioner submits that since no order was passed for issuing any process vide order dated 09.10.2006 passed by the learned Judicial Magistrate-1st Class, Gumla in connection with Sisai P.S. Case No.83 of 2004 corresponding to G.R. Case No.503 of 2004, hence, the petitioner does not press the prayer to quash the said order dated 09.10.2006 passed by the learned Judicial Magistrate-1st Class, Gumla in connection with Sisai P.S. Case No.83 of 2004 corresponding to G.R. Case No.503 of 2004.

3. Accordingly, the prayer to quash the order dated 28.11.2005 passed by the learned Chief Judicial Magistrate, Gumla and orders dated 05.09.2006 and 09.10.2006 passed by the learned Judicial Magistrate-1st Class, Gumla in connection with Sisai P.S. Case No.83 of 2004 corresponding to G.R. Case No.503 of 2004 is rejected as not pressed.

4. Learned counsel for the petitioner submits that the petitioner confines his prayer to quash the orders dated 13.01.2005 and 19.09.2005 passed by the learned Chief Judicial Magistrate, Gumla in connection with Sisai P.S. Case No.83 of 2004 corresponding to G.R. Case No.503 of 2004 whereby and where under the process under Section 82 of Cr.P.C. has been issued against the petitioner without recording any satisfaction that the petitioner is absconding and concealing himself to evade his arrest and without fixing any time and place for appearance of the petitioner who is the accused person of the said case.

5. Learned counsel for the petitioner submits that so far as the order dated 08.01.2007 passed in connection with Sisai P.S. Case No.83 of 2004 corresponding to G.R. Case No.503 of 2004 is concerned, the condition precedent for declaring a person absconder and issuing warrant of arrest is that, it must be proved before the court concerned, that the accused has absconded and there is no immediate prospect of arresting him but in this case, there is no material in the record to suggest that there is no immediate prospect for arresting the petitioner, as there is neither any material in the record to suggest that the proclamation of the process under Section 82 of Cr.P.C. was ever made nor is there any material in the record to suggest that the property of the petitioner was ever attached or any effort was ever made to attach the property of the petitioner and in the absence of that still the learned Judicial Magistrate- 1st Class, Gumla having declared the petitioner as absconder and issued permanent warrant of arrest, amounts to him committing a grave illegality. Hence, it is submitted that the order dated 08.01.2007 passed by the learned Judicial Magistrate-1st Class, Gumla in connection with Sisai P.S. Case No.83 of 2004 corresponding to G.R. Case No.503 of 2004 is also liable to be quashed and set aside.

6. Learn