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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 3707 of 2025

Chandrashekhar Dorai @ Chandra Shekhar Dorai, aged about 37 years,

son of Yadumani Dorai, resident of Village-Dikubalkand Dumaria,

P.O.-Dumaria, P.S.-Kumardungi, Dist.-West Singbhum

.... Petitioner

Versus

The State of Jharkhand

…. Opp. Party

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

…..

For the Petitioner : Mr. Arun Kumar, Advocate

For the State : Mr. Abhay Kr. Tiwari, Addl. P.P.

…..

By the Court:-

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 the

prayer to quash the order dated 25.11.2025 passed by the learned

Judicial Magistrate 1st Class, West Singhbhum at Chaibasa in

connection with Kumardungi P.S. Case No.28 of 2025 whereby and

where under, the learned Judicial Magistrate 1st Class, West

Singhbhum at Chaibasa has issued the written proclamation without

fixing any time and place for appearance of the petitioner.

3. It is submitted by the learned counsel for the petitioner that vide

order dated 25.11.2025, the learned Judicial Magistrate 1st Class, West

Singhbhum at Chaibasa has committed a grave error by not fixing

any time or place for the appearance of the petitioner who is the

Cr.M.P. No.3707 of 2025

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accused person of the case while issuing the written proclamation

under Section 82 of Cr.P.C. It is then submitted that therefore, the

same is not in accordance with law. Hence, it is submitted that the

prayer as made in this criminal miscellaneous petition be allowed.

4. Learned Additional Public Prosecutor on the other hand opposes

the prayer and submits that even though the time and place for

appearance of the petitioner have not been specifically mentioned

but it is apparent that the petitioner has to appear before the court

concerned after 30 days from the date when the written

proclamation is made. 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 the materials 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 Cr.P.C. must record its

satisfaction that the accused in respect of whom, the said

proclamation is made, is absconding or concealing himself to evade

his arrest and in case the court decides to issue proclamation, it must

mention the time and place for appearance of the petitioner in the

order itself by which the said proclamation is issued.

6. Now coming to the facts of the case, this Court finds that without

fixing any time or place for appearance of the petitioner who is the

accused person of the case concerned, learned Judicial Magistrate 1st

Class, West Singhbhum at Chaibasa has passed the order dated

25.11.2025 in connection with Kumardungi P.S. Case No.28 of 2025.

Hence, the same is not sustainable in law and the continuation of the

same will amount to abuse of process of law and this is a fit case

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where the order dated 25.11.2025 passed by the learned Judicial

Magistrate 1st Class, West Singhbhum at Chaibasa in connection with

Kumardungi P.S. Case No.28 of 2025 be quashed and set aside qua

the petitioner.

7. Accordingly, the order dated 25.11.2025 passed by the learned

Judicial Magistrate 1st Class, West Singhbhum at Chaibasa in

connection with Kumardungi P.S. Case No.28 of 2025, is quashed

and set aside qua the petitioner.

8. The learned Judicial Magistrate 1st Class, West Singhbhum at

Chaibasa may pass a fresh order in accordance with law.

9. In the result, this criminal miscellaneous petition is allowed.

(Anil Kumar Choudhary, J.)

High Court of Jharkhand, Ranchi

Dated the 22nd December, 2025

AFR/Sonu-Gunjan/-

Uploaded on 03/01/2026

Cr.M.P. No.3707 of 2025

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