IN THE HIGH COURT OF JHARKHAND AT RANCHI ------

Satpal Singh @ Soni Singh, aged about 30 years, S/o Hardeep Singh, resident of H. No. 100, Padma Road, 10 No. Basti, Jamshedpur, P.O. Golmuri, P.S. Golmuri, District: East Singhbhum, Jharkhand.

… Petitioner Versus The State of Jharkhand … Opposite Party ------

For the Petitioner : Mr. Indrajit Sinha, Advocate Mr. Ajay Kumar Sah, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P.

(through VC)

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P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- I.A. No.16135 of 2025 Heard the parties.

2. Learned counsel for the petitioner submits that this interlocutory application has been filed for early hearing of this Criminal Miscellaneous Petition.

3. Since hearing of this Criminal Miscellaneous Petition is being taken up today, hence, this interlocutory application is disposed of being infructuous.

(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 twin prayers:-

(i) to quash the order dated 19.06.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Govindpur P.S. Case No.53 of 2023 (S) whereby and where under the learned Judicial Magistrate- 1st Class, Jamshedpur issued non-bailable warrant of arrest of the petitioner.

(ii) to quash the order dated 28.07.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Govindpur P.S. Case No.53 of 2023 (S) whereby and where under the learned Judicial Magistrate- 1st Class, Jamshedpur has directed for issuance of the written proclamation under Section 82 of the Code of Criminal Procedure against the petitioner.

3. At the outset, learned counsel for the petitioner submits that the petitioner does not press the order dated 19.06.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Govindpur P.S. Case No.53 of 2023 (S).

4. Accordingly, the prayer to quash the order dated 19.06.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Govindpur P.S. Case No.53 of 2023 (S) is rejected as not pressed.

5. So far as the order dated the order dated 28.07.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with Govindpur P.S. Case No.53 of 2023 (S) is concerned, the learned counsel for the petitioner submits that the written proclamation under Section 82 of the Code of Criminal Procedure was issued without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing himself to evade his arrest which is a sine qua non for issuing proclamation under Section 82 of the Code of Criminal Procedure and that too without mentioning the time and place for appearance of the petitioner. Hence, the order dated 28.07.2025 passed by the learned Judicial Magistrate-1st Class, Jamshedpur in connection with the said case being not sustainable in law the same be quashed and set aside.

6. Learned Spl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that though it has not been specifically mentioned, the time and place for appearance of the petitioner, who is the accused person of the case in the order dated 28.07.2025 itself, but it is crystal clear that the petitioner has to appear before the court concerned after 30 days from the date of publication of the written proclamation issued under Section 82 of the Code of Criminal Procedure. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.

7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that by now it is a settled principle of law that the court which issues the proclamation under Section 82 of the Code of Cri