IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2977 of 2019 David Kujur, S/o Anthony Kujur, aged 44 years, Mary Road, Ramkrishna Palli, Pradhan Nagar, Ward No. 45, Siliguri, Darjeeling, West Bengal - 734003 ...... Petitioner Versus The State of Jharkhand ….. Opposite Party For the Petitioner : Mr. Shubhashis Rasik Soren, Adv.

For the State : Mr. Sardhu Mahto, Addl. PP For the O.P.no.2 : Mr. Jay Shankar Tiwary, Adv.

Ms. Neeta Krishna, Adv.

P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- I.A.No. 13706 of 2025 Heard the parties.

Learned counsel for the petitioner does not press this interlocutory application.

Accordingly, this interlocutory application is rejected as not pressed.

(Anil Kumar Choudhary, J.)

Cr.M.P. No. 2977 of 2019

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of CrPC with the prayer to quash and set aside the order dated 07.06.2019 passed by learned JMFC, Ranchi in connection with Mahila P.S.

Case no. 38 of 2018.

3. It is submitted by learned counsel for the petitioner that learned JMFC, has ordered for issuance of proclamation under Section 82 of CrPC, without recording any satisfaction, that the petitioner is absconding or concealing himself and without fixing any time and place for appearance of the petitioner, hence it is submitted that the order dated 07.06.2019 passed by 38 of 2018 being not sustainable in law, be quashed and set aside.

4. Learned Addl. PP and learned counsel for the opp. party no. 2 on the other hand vehemently opposes the prayer of the petitioner and submits that the very fact that the learned Magistrate has issued the written proclamation under Section 82 of Cr.P.C. itself shows that there were ample materials available in the record for the learned Magistrate, to be satisfied that the petitioner is absconding and concealing himself to evade his arrest, hence, it is submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed.

5. Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that it is a settled principle of law that the court which issues the written proclamation under Section 82 of Cr.P.C. must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. is made, is absconding or concealing himself to evade his arrest and in case, the court decides to issue proclamation under Section 82 of Cr.P.C., it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued.

6. Now coming to the facts of the case, there is absolutely no satisfaction recorded by the learned Magistrate, that the petitioner is absconding or concealing himself to evade his arrest nor learned Magistrate has fixed the time and place for appearance of the petitioner and in the absence of the same, this court has no hesitation in holding that learned Magistrate, has committed grave illegality by issuing the proclamation under Section 82 of CrPC and the same is bad in law and is liable to be quashed and set aside against the petitioner.

7. Accordingly, the order dated 07.06.2019 passed by learned

2018 is quashed and set aside against the petitioner.

8. Learned JMFC, Ranchi is directed to pass a fresh order in accordance with law.

9. This Criminal Miscellaneous Petition is allowed with the aforesaid direction.

(Anil Kumar Choudhary, J.)

High Court of Jharkhand, Ranchi Dated, the 9th December, 2025 Smita /AFR Uploaded on 16.12.2025